TRIAL BUNDLE.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT FORTPORTAL

CIVIL SUIT NO. 045 OF 2022

KINYERA QUINOSCARS…………….……………………. PLAINTIFF

VERSUS

DEFENDANT…….. ……….…….……………………………DEFENDANTS.

PLAINTIFF’S TRAIL BUNDLE

NO CONTENT PAGE NUMBER EXHIBT

1 PLAINT 3-6

2 SUMMARY OF 7-8
EVIDENCE

3 SUMMONS TO 9-10
FILE DEFENCE

4 SUMMONS FOR 11
DIRECTIONS

5 SIMON BIZIBU’S 12-14

WITNESS
STATEMENT

6 JOINT 15-17
SCHEDULING
MEMORANDUM
7 CERTIFICATE OF 18-20
TITLE

8 SALE 21-22
AGREEMENT

9 NOTICE OF 23-24
INTENTION TO
SUE

10 MR ELIAZALI’S 24-25
WITNESS
STATEMENT

11
MR ELTON
DRARU’S 26

WITNESS
STATEMENT

12
THE MARRIAGE
27
CERTIFICATE

13 28
URA RECEIPT

PLAINT
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY
DIVISION)
CIVIL SUIT No……… OF 2023
ARISING OUT OF ADMINISTRATION CAUSE NO: 12 of 2023

MAIMUNA OKELLO:::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS
KULSUM OKELLO:::::::::::::::::::::::::::::::::::::::: DEFENDANT
PLAINT
(Under Section 265 and Section 255A (1) Succession Act Cap. 162 (as amended), 0.4r.1 of
Civil Procedure Rules SI 71-1)
1. The plaintiff is a female adult Ugandan of sound mind, a wife to the deceased the late
SULAIT OKELLO whose address for purposes of this suit shall be Bwengye and co. advocates,
Oloya plaza plot 23, Kampala Road.
2. The Defendant is a female adult Ugandan presumed to be of sound mind and a daughter to the
late SULAIT OKELLO. The Plaintiffs' Advocate undertakes to effect service of court process
upon her.
3. The Plaintiffs' claim against the defendant is for the following;
a. An order that the defendant's caveat lodged against grant of letters of administration to the
plaintiff for execution of the deceased's estate be vacated
b. that the lodgment of the caveat discloses no justifiable grounds
c. A grant of letters of administration be issued to the plaintiff,
d. General damages,
e. Costs of the suit,
f. Any other remedy that the Court deems fit.
4. The facts constituting the Plaintiffs' cause of action against the Defendant arose as hereunder:
a. The deceased died intestate on the 13th day of June 2022. (A copy of the death certificate is
attached as Annexure………….)
b. The Plaintiff petitioned for letters of administration in the High Court of Uganda vide Probate
and Administration Cause No.012 of 2023. (A copy of the petition is hereto attached and marked
as annexure ……………………)
c. Following the petition, notice of the pending grant of letters of Administration was issued to
the public in the New Vision News Paper dated 22nd February 2023. (A copy of the publication
of notice is hereto attached and marked as Annexure………).
d. The Defendant, on the 24th of February 2023, without any justifiable cause, lodged a caveat
against the grant of the Letters of Administration to the plaintiff. (A copy of the caveat herewith
attached as Annexure………….).
5. As a result of the caveat, the deceased property is likely to be put to waste which is
detrimental to the plaintiff who is a majority beneficiary to it.
6. A copy of notice to withdraw the caveat was served to the defendant ……………… 2023
which period constitutes reasonable notice. The notice was ignored. (A copy of the notice to the
caveator is hereto attached and marked as Annexure…………...).
7. A notice of intention to sue was served on the Defendant and the same was ignored. (A copy
of the notice of intention to sue is hereto attached and marked Annexure………….).
8. This matter arose in Wakiso district within the jurisdiction of this Honorable Court.
WHEREFORE the Plaintiff pray for judgement against the Defendant for.
a. An order that the defendant's caveat be vacated
b. A grant of letters of administration be issued to the plaintiffs;
C. General damages;
d. Costs of the suit;
e. Any other remedy that the Court deems fit.
DATED at Kampala this ……... of ………... 2023.
………………………………………………
COUNSEL FOR THE PLAINTIFF
DRAWN & FILED BY
Bwengye and. Co. advocates
Oloya plaza
Plot 23 Kampala road
 THE REPUBLIC OF UGANDA
IN THE HIGHCOURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
CIVIL SUIT NO........................... OF 2023
ARISING FROM ADMINISTRATION CAUSE NO. 12 OF 2023
MAIMUNA OKELLO ::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
KULSUM OKELLO ::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
SUMMARY OF EVIDENCE
The Plaintiff shall at the time of hearing adduce evidence to this honourable Court to the effect
that the defendant lodged a caveat without a justifiable cause.
LIST OF WITNESS
1. Maimuna Okello
2. Any other with leave of court
LIST OF DOCUMENTS
1.The marriage certificate
2. the death certificate
3. petition for letters of administration
4. notice of publication
5. notice of intention to sue
6. caveat
7. notice to withdraw of a caveat
8. any other with leave of court
LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda
2. The Succession Act cap 162 as amended
3. Administrator Generals Act
4. The Civil Procedure Act
5. Civil Procedure Rules, Statutory Instrument No….
6. The Succession Regulations 162-1
7. Case law
8. Any other with leave of court

DATED at Kampala this ……... Day of ………... 2023.

………………………………………………
COUNSEL FOR THE PLAINTIFF
DRAWN & FILED BY
Bwengye and. Co. advocates
Oloya plaza
Plot 23 Kampala road
 THE REPUBLIC OF UGANDA
IN THE HIGHCOURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
CIVIL SUIT NO.................................. 2023
ARISING FROM ADMINISTRATION CAUSE NO. 12 OF 2023
MAIMUNA OKELLO ::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
KULSUM OKELLO ::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
SUMMONS TO FILE A DEFENCE
TO:
KULSUM OKELLO
WHEREAS MAIMUNA OKELLO has instituted a suit against you for removal of the caveat on
the grant of letters of administration to the estate of the late SULAIT OKELLO, lodged on the
24th of February 2023.
You are hereby summoned to file a written statement of defense to this suit within 15 days from
receipt of summons.
TAKE NOTICE that in default of filing a written statement of defense, judgement in default will
be entered against you.
Given under my hand and the seal of this honourable Court this………. Day of …………2023
……………………………………………….
DEPUTY REGISTRAR
Extracted by
Bwengye and Co. Advocates
Oloya plaza
Plot 23, kampala riad
 THE REPUBLIC OF UGANDA
IN THE HIGHCOURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
CIVIL SUIT NO................................... 2023
ARISING OUT OF ADMINISTRATION CAUSE NO. 12 OF 2023
MAIMUNA OKELLO ::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
KULSUM OKELLO ::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
PLAINTIFF’S WITNESS STATEMENT
I MAIMUNA OKELLO of m/s Bwengye and Company Advocates, Oloya Plaza plot 23
Kampala Road, Kampala Uganda do state as follows:
1. That I am a female adult Ugandan of sound mind, the plaintiff in this matter and I make this
statement in such capacity
2. That am 19 years of age, a year one student of Fine Art at kyambogo university and a resident
of Ssonde Wakiso district.
3. That I was in a valid marriage with the late SULAIT OKELLO who died on the 13th of
October 2022 and that he was the father of my daughter SULAINA OKELLO who is now eight
months old. (a copy of the marriage certificate and the death certificate are hereto annexed as
“A” and “B” respectively)
4. That the late SULAIT OKELLO died intestate and leaving behind the following properties in
his name:
a) A residential house at Ssonde-kyambogo block 185 plot 180. This is where the late and I used
to live. I live in this house with my baby.
b) Sulaima grocers ltd, at Ntinda valued at 45 million in Uganda shillings.
c) Land at ntinda- Kibuga block 230 plot 145 with a block of a residential apartments. Monthly
rental income from the property is approximately 40 million Uganda shillings.
d) Land at Ntinda, Bbuye on which Hajji Sulait Okello constructed a community mosque and
primary school
e) A farm on a twenty-acre piece of land at Ssi, Buikwe district-Buikwe block 250 plot 120
f) 3 commuter taxis- UAV 233T, UBF445A, UBH777T
5. THAT I petitioned the High Court of Uganda at Kampala for Letters of Administration vide
probation and administration cause no. 12 of 2023 (A copy of the petition is hereto attached and
marked as annexure …………………..)
6. Following the petition, notice of the pending grant of letters of Administration was issued to
the public in New Vision News Paper dated 22 of February 2023. (A copy of the publication of
notice is hereto attached and marked as Annexure………).
7. The Defendant, on the 24th of February 2023, without any justifiable cause, lodged a caveat
against the grant of letters of administration to the plaintiff. (A copy of the caveat hereto attached
as Annexure………….).
8. As a result of the caveat, the deceased's property is likely to be put to waste which is to the
detriment of the plaintiff who is a beneficiary to it.
9. A copy of notice to withdraw the caveat was served to the defendant ……………… 2023
which period constitutes reasonable notice. The notice was ignored. (A copy of the notice to the
caveator is hereto attached and marked as Annexure…………...).
10. A notice of intention to sue was served on the Defendant and the same was ignored. (A copy
of the notice of intention to sue is hereto attached and marked Annexure………….).
11. THAT whatever I have stated herein is true and correct to the best of my knowledge and
belief

Dated at Kampala this …………………. Day of …………………… 2023

SIGNED by the said
MAIMUNA OKELLO
……………………………………….
WITNESS
DRAWN AND FILED BY
M/S Bwengye and co. advocates
Oloya plaza
Plot 23 Kampala Road.
 Bwengye and Co. Advocates,
Oloya plaza,
Plot 23 Kampala.
27TH of February 2023
To:
KULSUM OKELLO C/O
M/S Ssentongo & Co Advocates
Ninth Floor, Crested Towers
Kampala.
RE: NOTICE OF WITHDRAW OF A CAVEAT/NOTICE OF INTENTION TO SUE
We act for and on behalf of MAIMUNA OKELLO, widow to SULAIT OKELLO (deceased) on
whose instructions we notify you as here under;
That our client was involved in a valid marriage with the deceased who died on the 13th of
October 2022 leaving behind a baby girl who is eight (8) months old. The deceased left property
that was registered in his name and these are;
That our client proceeded to file a probate and administration cause No. 12 of 2023 in the High
Court of Uganda at Kampala in order to be granted with letters of Administration to manage the
deceased’s property which you challenged by lodging a caveat without any justifiable cause. (A
copy of the caveat is attached and marked as annex …………………).
TAKE NOTICE that should you not take steps to withdraw the caveat within 2 two days of
receiving this notice to withdraw, we shall proceed to institute a suit against you in courts of law
for vacation of the caveat without further notice.
Yours faithfully
KATO LYNN PETER ……………………………………………………………
HIKMAH ISA KISINGO………………………………………………………
KATAGAYA ROGERS……………………………………………………………
COUNSEL FOR PLAINTIFF
DRAWN AND FILED BY
Bwengye and co. advocates
Oloya plaza
Plot23, Kampala road
 THE REPUBLIC OF UGANDA
IN THE HIGHCOURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
CIVIL SUIT NO................................. 2023
ARISING OUT OF ADMINISTRATION CAUSE NO. 12 OF 2023
MAIMUNA OKELLO ::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
KULSUM OKELLO ::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
AFFIDAVIT OF SERVICE
I, KATAMBA HASSAN of Bwengye and Co. Advocates, Oloya Plaza, plot 23 Kampala Road
do hereby make oaths and state as follows;
1. That am a Court process server of the High Court
2. That on the 27th day of February I was instructed to serve copies of the summons vide probate
and administration cause no………... of 2023 annexed to it the plaint to the defendants.
3. I immediately proceeded to the defendant’s residence in Wakiso district to effect service.
4. On arrival I was welcomed by the gate keeper into the residence I then introduced myself to
him and informed him of the purpose of the visit.
5. The gate keeper led me to the defendant to whom I introduced myself and informed her of the
purpose of my visit which was to effect service of court summons.
6. I handed over to her copies of the summons which she received, read and acknowledged
receipt of the same by signing on my return copy which was handed back to me.
7. That I immediately left the promises and returned back to office.
8. That whatever I have stated herein is true and correct to the best of my knowledge and belief.

Sworn at Kampala this………………. Day of ……………… 2022.

BY THE SAID
………………………………………………….
KATAMBA HASSAN, DEPONENT.
BEFORE ME: …………………………………………………………………
COMMISSIONER FO OATHS
DRAWN AND FILED BY
Bwengye and co. advocates
Oloya plaza
Plot 23 Kampala Road.

ANNEXTURE ‘A'