THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

CIVIL SUIT NO. 51 OF 2024

1. ANTHONY KWERONDA
2. DORAH KWERONDA
3. ALLEN KWERONDASUING AS BENEFICIARIES OF THE ESTATE OF THE LATE
ASAPH KWERONDA……………………………………PLAINTIFFS

VERSUS

1. BURYO DAVID
2. KAGYENZI ELIOT
3. BASSSUDE FELIX
4. MITSINDO PERRY
5. MATOVU HASHIM
6. TUMWINE SAMUEL
7. MBARARA CITY LAND BOARD
8. COMMISSSIONER LAND REGISTRATION…………………DEFENDANTS

7TH DEFENDANTS WRITTEN STATEMENT OF DEFENCE

1. Save as herein below expressly admitted, the 7th Defendant denies each and every
allegation in the plaint as if the same was set forth verbatim and traversed
seriatim.
2. The 7th Defendant admits paragraphs 1, 3, 4 and 5 of the Plaint as they relate to
the particulars of the plaint.
3. The 7th Defendant denies contents of paragraphs 8a-j of the plaint and the
plaintiffs shall be put to strict proof that the suit land is situate at Ruhara Road at
Kihindi FRV MBR 1878 Folio 11, Plot 19.
4. The 7th Defendant denies the contents of paragraphs 9, 10, 11 and 12 of the plaint
in toto and the Plaintiffs shall be put to strict proof thereof.
5. Without prejudice to the foregoing denials and in reply to paragraphs 8, 9 10 , 11
and 12 of the plaint , the 7th Defendant shall aver and contend that when they
received an application for grant of freehold from the 2nd Defendant , they acted in
accordance with the law and followed the necessary procedures.
6. The 7th Defendant shall aver and contend that the plaint does not disclose a cause
of action against them; the suit is premature, frivolous, baseless, misconceived
and vexatious and has been brought against the wrong party.

WHEREFORE the 7th Defendant prays that this Honorable Court finds that the
Plaintiffs are not entitled to any of the reliefs sought and dismiss the suit with
costs to the Plaintiffs.
Dared at Mbarara this 13th day of June 2024.
...…………………………………………
AINEBYOONA AND CO. ADVOCATES
COUNSEL FOR THE 7TH DEFENDANT

Lodged in the Registry of this Honorable Court this……..day of…….2024

……………………………..
D/REGISTRAR

Drawn and Filed by

AINEBYOONA AND CO. ADVOCATES

P.O BOX 0011
MBARARA-UGANDA
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

CIVIL SUIT NO. 51 OF 2024

4. ANTHONY KWERONDA
5. DORAH KWERONDA
6. ALLEN KWERONDASUING AS BENEFICIARIES OF THE ESTATE OF THE LATE
ASAPH KWERONDA……………………………………PLAINTIFFS

VERSUS

9. BURYO DAVID
10. KAGYENZI ELIOT
11. BASSSUDE FELIX
12. MITSINDO PERRY
13. MATOVU HASHIM
14. TUMWINE SAMUEL
15. MBARARA CITY LAND BOARD
16. COMMISSSIONER LAND REGISTRATION…………………DEFENDANTS

SUMMARY OF EVIDENCE

The 7th Defendant shall adduce evidence at the hearing that in transferring land
from customary to freehold, the 7th Defendant acted in accordance with the law.

LIST OF DOCUMENTS
Any with leave of court
LIST OF WITNESSES
Officials of the 7th Defendant
Any with leave of court

LIST OF AUTHORITIES
The 1995 Constitution of the Republic of Uganda
The Civil Procedure Act, Cap 71
The Civil Procedure Rules, SI NO. 71
The Land Act , Cap 227 as amended
Any other with leave of court

Dated at Mbarara this 13th day of June 2024

…………………………..
AINEBYOONA AND CO. ADVOCATES
COUNSEL FOR THE 7TH DEFENDANT

Drawn and Filed by

AINEBYOONA AND CO. ADVOCATES
P.O BOX 0011
MBARARA-UGANDA
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

H.C.M.A NO. 131 OF 2024

Arising from H.C.C.S No.36 OF 2024

1. KIBAHIGANIREA JAMES
2. KASHAGIRE
HARRIET………………………………………………………………….PLAINTIFFS

VERSUS

MBARARA CITY
COUNCIL……………………………………………………………………….DEFENDANT

ORDER

This order coming up in this Honorable Court before Her Worship ………….for final disposal of
the suit on orders that;

1. A permanent injunction has been granted

2. No grass should be planted on the Applicants land
3. No excavation on the suit land
4. Costs of the suit

DATED this 13th day of June 2024.

………………..
DEPUTY REGISTRAR
 AINEBYOONA AND CO. ADVOCATES

P.O BOX 0011

MBARARA-UGANDA

THE SENIOR LEGAL OFFICER

MBARARA CITY COUNCIL

P.O BOX 290

MBARARA-UGANDA.

Dear sir,

LEGAL OPINION ON THE MATTER OF TWINOMUJUNI ROBERT VERSUS

AHIMBISIBWE VICENT, MISCELLANEOUS APPLICATION NO.212 OF 2024

Reference is made to the above captioned matter as we address you hereunder.

The physical planning committee of Mbarara City Council has the mandate under Section 33(1)
of the Physical Planning Act 2010 to grant permission to any person who intends to carry out
any development within Mbarara City.

In that regard, if the Applicant has applied for a development permission following the due
process stipulated under Section 34 of the Physical planning Act 2010, the physical planning
committee shall or should grant permission with or without conditions as empowered and
stipulated in section 38 (1) a of the physical planning Act 2010, Therefore, if the Applicant in
this case, has followed the due process as stipulated under section 34 of the Physical Planning
Act 2010, he should be granted permission to develop his land.

…………………………………………………..

AINEBYOONA AND COMPANY ADOCATES