THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KIBOGA

(LAND CIVIL SUIT NO. 0120 OF 2023

BOGERE EMMANUEL ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

KYOBUTUNGI, SIFUNA RAJAB ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT.

CONSENT JUDGEMENT

This matter coming up for final disposal this.............. Day of ..................... , 2024 before HER
LORDSHIP HON. LADY JUSTICE CELIA NAGAWA, in the presence of CHARLES
MBOGO counsel for the 3rd and 4th plaintiffs and TONNY OKWENYE counsel for the 1st
and 2nd defendants and in the presence of all the parties.

BY THE CONSENT OF THE PARTIES, IT IS HEREBY AGREED as follows;-

1. The plaintiff declare that he has no further claim against the defendant in respect of the
land which is comprised in BUSIRO BLOCK 263 PLOT 123 land at SENGE and
which has been distributed to the descendants of the late LEO KAWOOYA out of the
estate of the late YOWANA BIRIGWA.

2. The 3rd and 4th plaintiffs recognize that the 1st defendant is a kibanja owner on the land
comprised in BUSIRO BLOCK 263 PLOT 123 land at SENGE measuring 8 acres. The
1st defendant has no further claim on the part distributed to the descendants of the late
LEO KAWOOYA after she has been fully compensated for the 2.5 acres of kibanja that
is on that part.

3. The 3rd and 4th Plaintiffs further recognize that the 1st defendant used to own the said
Kibanja on the suit land for which the 2 nd defendant has been the custodian and the 2 nd
defendant has surrendered it back to the 1st defendant.

4. The 3rd and 4th plaintiffs are free to transfer into their names as administrators that part of
the land apportioned to the descendants of the late LEO KAWOOYA.

5. All caveats registered on BUSIRO BLOCK 263 PLOT 123 be vacated to enable the
Registrar of titles to effect the subdivision and to transfer the land apportioned to the 3 rd
and 4th plaintiff’s descendants of the late LEO KAWOOYA.

6. The land covered by kibanja owners recognized in the Consent Decree dated 2 nd June,
2023, be equally shared by the two families of YOZEFU KASULE KAWALYA and
LEO KAWOOYA and all bibanja owners whose bibanjas fall on the portion of land
 decreed to the 3rd and 4th Plaintiffs as descendants of the late LEO KAWOOYA are free
to negotiate with the 3rd and 4th plaintiffs and buy their mailo interest.

7. The certificates of title to the land apportioned to the descendants of the late YOZEFU
KASULE KAWALYA be deposited in the High Court of Uganda Family Division in
Civil Suit NO. 379 of 2023(Formerly Land Division Civil Suit No. 395 of 2023) which
shall proceed as between the 1st and 2nd Plaintiffs as against the 1st and 2nd defendants.

8. The 3rd and 4th plaintiffs have no further claim against the defendants whatsoever as
regards to the suit land/estate of the late YOWANA BIRIGWA comprised in Busiro
Block 263 plot 123 and the defendants rest all their claims on the land distributed to the
late LEO KAWOOYA to which 3rd and 4th plaintiffs claimed as his descendants.

9. That each party to bear its own costs.

WE CONSENT
_________________________________ _________________________________
SEBUNYA JOHN NANFUKA LETICIA
(3RD PLAINTIFF) (4TH PLAINTIFF)
(Administrator of the ( Administrator of the
estate of the late Yowana Bigirwa) estate of the late Yowana Bigirwa)

________________________________
____________________________
NAMUGA MASTULA NANFUKA NAMUKASA NAKUBULWA FLORENCE
(1STDEFENDANT) (2ND DEFENDANT)

__________________________________ _________________________________
TONNY OKWENYE CHARLES MBOGO
(COUNSEL FOR DEFENDANTS) (COUNSEL FOR 3 RD AND 4TH
PLAINTIFFS)

CERTIFICATE OF TRANSLATION
I _____________________________________ being knowledgeable in both Luganda and
English languages, do hereby certify that I have translated the contents of this partial consent
judgment from English to Luganda to which the parties clearly understand and to the best of my
knowledge, they appeared to me to have understood all the contents therein before signing/thumb
their respective signatures as herein above.
 ________________________
TRANSLATOR

Given under my hand and seal of court this _________day of _______________2023

_____________________________________
HON. JUSTICE CELIA NAGAWA
JUDGE
Prepared Jointly by:
M/S Mbogo and Co. Advocates
Plot 4 Pilkington Road
Colline House Ground Floor Rm No. G9
P.O. Box 781
Kampala - Uganda
&
M/S Kob Advocates & Solicitors,
Plot 39a, Lumumba Avenue
Mukwasi House, 1st Floor,
Room L.1.3p.O Box 14669,
Kampala (U).