THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF TORORO AT TORORO

CIVIL SUIT NO. TOR-OO-CV-CS…………………./2018
AMOIT ROSE MARY………………………………………………………….PLAINTIFF
VERSUS
AYAA YOVENTINO……………………………………………………………DEFENDANT
PLAINT
(Under Summary Suit 0.36.r2&3)
1. The plaintiff is a female adult Ugandan of sound mind, a resident of Agururu ‘B’ Zone,
Petta Parish, Mukujju Sub-county, Tororo District.
2. The defendants is a male adult Ugandan of sound mind whose address of service for
purpose of this suit is c/o Totokidwe zone, Petta Parish, Mukujju Sub-county, Tororo
District.
3. The plaintiff undertakes to effect service of court process on the defendant.
4. The plaintiffs’ cause of action against the defendant is for recovery of Shs. 1,380,000/=
(One million three hundred eighty thousand shillings) being payment for the purchase of
land made to the defendant by the plaintiff and costs of the suit.
5. The facts constituting the cause of action are as below;-
(a) That on the 16/8/2016, the defendant approached the plaintiffs’ uncle that he is selling his
piece of land for treating his wife who was sick at that time.
(b) That the plaintiffs’ uncle informed the plaintiff and she met the defendant and paid the
first instalment of Shs. 430,000/= (Four hundred thirty thousand shillings) on the
16th/8/2016 and short note agreement was made. (see annexture marked ‘A’)
(c) That as time went on the defendant kept on picking money from the plaintiff in
instalment up to the tune of UGX Shs. 1,380,000/= (One million three hundred eighty
thousand shillings) in the pretence that he is selling the land to the plaintiff.
(d) That the money picked by the defendant was adduced into writing (See annexture marked
A, B, C, D, E, F) (Instalments made to the defendant).
(e) That the defendant had at first showed the plaintiffs’ uncle the piece of land he was
selling to the plaintiff yet after some period of time he again changed that he had sold the
same land to another person.
(f) That the plaintiff several times tried to plead to the defendant to locate her a piece of land
but all in vain since the year 2016 to date.
6. Notice of intention to sue was duely passed onto the defendant.
7. The cause of action arose at Totokidwe Zone, Petta Parish, Mukujju Sub-county, Tororo
District within the jurisdiction of this honourable court.
WHEREFORE the plaintiff prays that this honourable court enters judgment against the
defendant for;-
(a) Recovery of Shs. 1,380,000/= (One million three hundred eighty thousand shillings)
(b) Interest in (a) above from the date of judgment
(c) Costs of the suit
(d) Any other remedy court may deem fit.
Dated at Tororo this…………..day of………………………….2018

……………………………………
AMOIT ROSE MARY
PLAINTIFF
 THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF TORORO AT TORORO
CIVIL SUIT NO. TOR-OO-CV-CS…………………./2018
AMOIT ROSE MARY…………………………………………………….PLAINTIFF
VERSUS
AYAA YOVENTINO………………………………………………………DEFENDANT
AFFIDAVIT IN SUPPORT
I,AMOIT ROSE MARY of C/o Agururu ‘B’ Zone, Petta Parish, Mukuju Sub-county,
Tororo District do hereby solemnly swear and state as follows;-
1. That I am a female adult of sound mind and of the above particulars and the plaintiff in
this suit.
2. That on the 16th/8/2018, the defendant approached my uncle that he is selling his piece of
land to treat his wife.
3. That my uncle informed me that the defendant was selling his land then I met the
defendant and gave him Shs. 430,000/= (Four hundred thirty thousand shillings) as the
initial payment then consequently he kept on picking money from me in installment to
the tune of Shs. 1,380,000/= (One million three hundred eighty thousand shillings) as
herein marked as annexture A-F.
4. That I have tried several times to claim back my money from the defendant but all in vain
having failed to locate to me the land.
5. That since 2016 todate the defendant has kept silent despite several reminders passed
unto him to pay back my money or give me the land.
6. That I believe that the defendant has no defence to the merit of the suit.
7. That whatever is stated herein above is true and correct to the best of my knowledge,
information and belief.
Sworn at Tororo this………………day of………………………………….2018

By the said AMOIT ROSE MARY ………………………….

DEPONENT
BEFORE ME;
………………………………………………………..
MAGISTRATE/COMMISSIONER FOR OATHS
 THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF TORORO AT TORORO
CIVIL SUIT NO. TOR-OO-CV-CS…………………./2018
AMOIT ROSE MARY………………………………………………………….PLAINTIFF
VERSUS
AYAA YOVENTINO……………………………………………………………DEFENDANT
SUMMARY OF EVIDENCE
The plaintiff shall adduce evidence at the trial that the defendant obtained money from the
plaintiff in pretence that he is selling land to the plaintiff.
LIST OF WITNESSES
1. Amoit Rose Mary
2. Etyang Juliet
3. Angura James
4. Ahem John Christopher
5. Any other with leave of court.
LIST OF DOCUMENTS
1. The short note agreement made in instalment ranging from 16th/8/2016-20th/12/2016
LIST OF AUTHORITIES
1. Constitution of Uganda 1995
2. Law of contract
3. Civil Procedure Act
4. Civil Procedure rules
5. Evidence Act
6. Any other with leave of court

Dated at Tororo this……………day of………………………….2018

………………………………….
AMOIT ROSE MARY
PLAINTIFF
 UGANDA GOVERNMENT
Chief Magistrate’s Court of Tororo
At Tororo
CIVIL SUIT No. TOR – 00 – CV – CS – ............. /2018
AMOIT ROSE MARY............................................................................PLAINTIFF
VERSUS
AYAA YOVENTINO................................................................................DEFENDANT

SUMMONS IN SUMMARY SUIT ON PLAINT

(O.XXXVI r 2,3)
To: AYAA YOVENTINO

WHEERAS the plaintiff has instituted a suit against you under 0.XXXV1, rule 2
& 3 of the CPR for recovery 1,380,000/= (One million three hundred eighty
thousand shillings only) upon the claim set out in the copy plaint with annexture
(if any) attached hereto;
YOU ARE HEREBY REQUIRED within 10 days from the service hereof to apply
for leave from court to appear and defend this suit:
SHOULD YOU FAIL within the period of 10 days to apply for such leave. The
plaintiff will be entitled to obtain a decree of the amount or the right claimed in the
plaint together with costs.
Application for leave to appear and defend this suit shall be made by filing in these
Court an application to that effect supported by affidavit declaration (a copy
whereof shall be supplied by you for service) showing that there is a defence to the
suit on the merits, or that it is reasonable that you should be allowed to appear in
the suit.
The day for the hearing of the application will be fixed at the time when the same
is filed.
Given under my hand and the seal of this court this……..day of
………………………… 2018.

……………………………………………………………
CHIEF MAGISTRATE/MAGISTRATE GRADE I