Court name
High Court of Uganda
Case number
Miscellaneous Cause 5 of 2018
Judgment date
8 October 2019

Nabweteme and 2 Others v Agaba and 2 Others (Miscellaneous Cause 5 of 2018) [2019] UGHC 279 (08 October 2019);

Cite this case
[2019] UGHC 279
Coram
Murangira, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUBENDE

MISCELLANEOUS CAUSE NO. 005 OF 2018

  1. NABWETEME FAITH     Administrators
  2. NAMBASA SPECIOZA    of the estate of the late   ====APPLICANTS
  3. MASAMBIRA RONALD  Kabali Semeo                

 

VERSUS

 

  1. AGABA LAUBEN
  2. TANKOVU BENEDICT        ====================RESPONDENTS
  3. SSEBAGYENZI GADI

 

RULING BY: HON. JUSTICE DR.  JOSEPH MURANGIRA.

 

Introduction.

Representation.

The Applicants are representing themselves in this matter.

The respondents are representing themselves in this matter.\

 

The application.

This application is brought by way of Notice of Motion under Order 52 rule 1 & 2 of the Civil Procedure Rules S.I 71-1, Section 33 of the Judicature Act Cap. 13.

This application is seeking the following orders that:-

  1. A court order doth issue to clear boundaries and demarcation of the land of the estate of the LATE KABALI SEMEO comprised in Block 282, out of plots 47 & 48 measuring approximately 62 hectares situate at Muinaina- Buwekula County, Mubende District.
  2. Costs of this application be provided for.

This application is based on the following grounds, that:-

1.         The applicants applied for the letters of administration to the High Court vide Administration Cause No. 211 of 2018 for the letters of administration of their late father Kabali Semeo who died on 3rd August 2010 at exactly 6:00 a.m at his place of residence Maya Local Council one Rubimbira Parish, Nabingoola Sub County, Mubende District.

2.         The said court granted the letters of administration to the applicants on the 22nd November, 2018.

3.         The applicants are the administrators of the estate of the late Kabali Semeo pursuant to the letter of administration dated 22nd November, 2018.

4.         The applicants have tried to open and clear the boundaries of the estate of the late Kabali Semeo but they have been put on a standstill by the respondents who claim nil interest in the said estate.

5.         The said opening and clearing of the boundaries is more likely to cause violence.

6.         That it is in the interest of justice that this application be granted.

This application is supported by affidavits sworn by the 3 applicants Nabweteme Faith, Nambasa Specioza and Masambira Ronald all sworn on the 12th day of March, 2019.

 

The respondents’ case.

The 1st, 2nd and 3rd respondents filed in court their respective affidavits in reply on 18th-4-2019. It is on court record that the respondents are representing themselves in this matter. I have perused their respective affidavits. The three affidavits are similar word per word, and paragraph per paragraph. It is was a matter of cut and paste basis of their said three affidavits.

The applicants filed in court three affidavits in rejoinder to each respondent’s affidavit in reply. The applicants in their affidavits in rejoinder rebutted the contents of each respondent’s affidavit in reply.

 

Resolution of this application by the parties and court.

Both the applicants and the respondents filed in court their respective written submissions in support or against this application, as the case may be. The respondents are opposed to the grant of this application. They pray for a dismissal of this application with costs to them. On the other hand, the applicants are  praying that this application be allowed with costs to them

Resolution of this application by court.

I perused the written submissions by each party, evaluated the affidavits’ evidence adduced by both parties in their resolution of this application.

It is interesting to note that the respondents, in paragraph 4 of their respective affidavits, stated, that:-

“ 4. That in reply to paragraph 5 of the 1st, 2nd and 3rd applicants, affidavit in support of the application, I have never obstructed the opening and or clearing of the boundaries of land forming Estate of the late Kabali Semeo comprised in Block 282 plots 47 and 48, thus they ought to be put on strict proof of the allegations.”

And whereas, the order being sought in this application is:-

“(a) A court order does issue to clear boundaries and dermacation of the land of the estate of the late Kabali Semeo, comprised in Block 282 out of plots 47 and 48 measuring approximately 62 hectares situated at Muinaina – Buwekula County, Mubende District.

In essence therefore, by the affidavits evidence in paragraph 4 of each respondents affidavit in reply as quoted hereinabove, each respondent is not opposed to the order being sought for in this application.

 

Conclusion.

In closing and in total consideration of the entire application, the affidavits evidence adduced by the parties, the submissions by the parties and my own analysis of the law and evidence adduced by the parties, I hold that this application has merit.

It is accordingly allowed in the orders being sought by the applicants in this application.

Each party shall bear its own costs of this application.

Dated at Mubende this 08th day of October, 2019.

………………………………..

DR. JOSEPH MURANGIRA

JUDGE