UGANDA CHRISTIAN UNIVERSITY MUKONO

SCHOOL OF LAW
LLBIV
CIVIL PROCEDURE ONE;
CLASS PREPRATION GUIDE ON PLEADINGS
1. Meaning of the term pleadings
2. Examples for common pleadings filed and exchanged by parties in civil matters
3. Pleading material facts
4. Purpose of pleadings
5. Form of pleadings and effect of departing from the known forms
6. Defects in pleadings and how to cure the said defects
7. Contents of a plaint.
8. Rejection/ dismissal and or striking out plaints/pleadings
9. Rule on departure from pleadings and effect of none compliance.
10. Amendment of pleadings – when do you amend with or without leave of Court
11. Pleading in reply to or answer to pleadings served.
a) Time for filing replies and Written statement of defence.
b) Purpose of filling reply of Written statement of defence.
c) Effect of none compliance with timelines for replying or none filing of replies
and Written statements of defence after being served.
d) Evasive denials and effect thereof
e) Specific denials and purpose thereof
f) General denials and Effect thereof
g) Sett offs and Counterclaims
h) Cross petitions

The law
1. Order 6, 7 and 9 of the Civil Procedure Rules
REVISON QUESTION ON PLEADINGS:
1. a) Study the pleadings attached hereto and Identify any defects in the drafting there of
b) State the effect of each of the defects identified in (a) above.
c) Draft a corrected version of the same pleadings.

Pleadings

THE REPUBLIC OF UGANDA

CIVIL SUIT NO.__________ OF 2023

ASSUMANI KIYINGI
NUSULA NAMALWA===========================PLAINTIFFS
VERSUS
KIMBUGWE JEMA OMUTONGOLE =====DEFENDANTS
THE COMMISSIONER LAND REGISTRATION

PLAINT

1. The plaintiff is a male adult Ugandan of sound mind while the 2 nd defendant is a
female adult Ugandan of sound mind.

2. The defendants are male adult Ugandans presumed to be of sound mind and are
the administrators of the estate of the late Assumani Kiyimba and are sued in
their respective capacities as administrators thereof.
3. The defendants are the administrators of the estate of the late ASSUMANI
KIYIMBA vide Administration Cause number 25 of 2010 (A copy of the letters of
administration is hereto attached ad marked “A1”)

4. The plaintiffs are natural guardians and well-wishers to children of the late
EDIRISA WALUGEMBE, a SON and a Customary heir of the late ASSUMANI
KIYIMBA.

5. The plaintiffs bring this suit to fight for the interests and benefits of all
grandchildren and direct beneficiaries to the estate of the late ASSUMANI
KIYIMBA and it is in that capacity that they bring this suit against the defendants.

6. The plaintiff’s advocates undertake to effect service of Court process upon all the
defendants.

7. The plaintiff’s claim against the defendants jointly and severally is for;

a) A declaration that the 1st and 2nd defendants illegally obtained letters of
Administration for and in respect of the estate of the late Assumani
Kiyimba from the Chief Magistrates Court of Nabweru at Nabweru.

b) A declaration that the 1st and 2nd defendant fraudulently declared the
estate of the late Asumani Kiyimba as a small estate.

c) A declaration that the 1st and 2nd defendants obtained the letters of
Administration Vide administration Cause Number 25 of 2010,
fraudulently by making false allegations and concealing from court the true
facts and beneficiaries of the estate of the late Asumani Kiyimba.

d) A declaration that the 1st and 2nd defendants secured letters of

administration from a Court without Jurisdiction.
e) A declaration that the letters of Administration Vide Administration Number
25 of 2010 are fit to be revoked.

f) A declaration that the 1st and 2nd defendants willfully neglected to distribute
the estate of the late Assumani Kiyimba .

g) A declaration that the defendants have mismanaged the estate of the late
Asumani Kiyimba .

h) A declaration that the defendants willfully and without reasonable cause,

neglected to exhibit an inventory and final statement of account for and in
respect of the estate of the late Asumani Kiyimba.

i) A declaration that the defendants illegally and fraudulently sold off

portions of the land that constitutes the estate of the late Assumani
Kiyimba to which the plaintiffs claim a substantial share.

j) An order revoking the grant of Letters of Administration to the 1 st

defendant Vide Administration Cause Number 25 of 2010 for and in
respect of the estate of the late Asumani Kiyimba

k) An order appointing the plaintiffs as Joint the Administrators of the estate

of the late Assumani Kiyimba .

l) An order directing the 3rd defendant to cancel all the subdivisions and
duplicate Certificates of Title mutated from the land comprised formerly
comprised in BUTAMBALA Block 70 plot 37 LAND AT Senene that forms
a major part of the estate of the of the late Asumani Kiyimba.

m) An order directing the defendants to account for the proceeds obtained out
of the estate of the late Asumani Kiyimba.
 n) An order directing the 1st and 2nd defendants to surrender the grant of
letters of administration for cancellation by Court.

o) An order directing the defendants to compensate the plaintiffs for the

reparation for the loss and damage vehemently caused to the estate of the
late Asumani Kiyimba.

p) An order cancelling all the transactions made by the 1 st defendant for and
in relation to the estate of the late Asumani Kiyimba

q) An order directing equal distribution of that the estate of the late Asumani
Kiyimba among all the beneficiaries to all the estate thereof.
r) A permanent Order of injunction doth issue against the defendants, their
employees, agents or anybody acting on their instructions and or on their
authority restraining them from selling off, or alienating or Mortgaging or
alienating the land forming the estate of the of the late Asumani Kiyimba.

s) Special damages of 1.5 billion shilling

t) General Damages.

u) Costs of the suit.

8. The facts constituting the plaintiff’s claim arose as follows;

a) The late Asumani Kiyimba died intestate on the 14t h day of March 1981 and
was buried at Senene village on the land comprised in Butambala Block 70 plot
37 land at Senene , his estate.

b) The at the time of the death of the late Asumani Kiyimba , was survived some
children for whom the plaintiffs are fighting for their benefits and interests in law
c) The late Asumani Kiyimba , left properties to wit a residential ancestral home at
Kyakachwa and the land comprised in Bulemezi Block 692 plot 2 land at
Kyakachwa as part of his estate which was taken over by some of his 14 wives
because they thought he had bequeathed the same to them all forgetting that the
children can grow and recover all lost properties of their father. The wives only
allow vistors during the day and not at night

d) Before the death of the late , he had established a the family’s burial grounds on
the suit land from where he was buried , including all his descendants and up to
the date of filing this suit , the same constitutes the plaintiffs; burial grounds.
( Photos showing the plaintiff’s burial grounds and the graves are hereto
attached and marked “A1”)

9. The plaintiffs shall contend that the 1st defendant has mismanaged the estate of
the late and has put the same to waste.

10. The plaintiff further avers that; the actions of the defendants are illegal and aimed
at deriving the plaintiffs of their rightful benefit in and interest out of the estate of
the late .

11. The plaintiff states that the defendants have descended on the greater portions
of land that constitutes the estate of the late Lusinga an acts which amount to
trespass to land .

PARTICULARS OF TRESSPASS TO LAND

 The defendants’actions of illegal entry on the estate land formerly comprised in

Bulemezi Block 692 Plot 2 without the consent of the plaintiffs and their siblings.
 The defendants’ actions of establishing a forest and operating a farm on the suit
estate at the detriment of the plaintiffs .
 12. As a result of the defendants’ conduct, the plaintiff has not been allowed to
access and take possession or enjoy his beneficial interest in the estate of the
late Lusinga despite several attempts by the plaintiffs to do so.

13. The notice of intention to sue was served but the same was ignored by the
defendants.

14. The cause of action arose at Senene Village in Mpigi District within the
jurisdiction of this Court.

15. The estimated value of the suit estate is 300,000,000/= (Three hundred million
shillings ).

WHEREFORE the plaintiff prays for judgment against the defendants for;

a) A declaration that the 1st and 2nd defendants illegally obtained letters of
Administration for and in respect of the estate of the late Assumani
Kiyimba from the Chief Magistrates Court of Nabweru at Nabweru.

b) A declaration that the 1st and 2nd defendant fraudulently declared the
estate of the late Asumani Kiyimba as a small estate.

c) A declaration that the 1st and 2nd defendants obtained the letters of
Administration Vide administration Cause Number 25 of 2010,
fraudulently by making false allegations and concealing from court the true
facts and beneficiaries of the estate of the late Asumani Kiyimba.

d) A declaration that the 1st and 2nd defendants secured letters of

administration from a Court without Jurisdiction.
e) A declaration that the letters of Administration Vide Administration Number
25 of 2010 are fit to be revoked.

f) A declaration that the 1st and 2nd defendants willfully neglected to distribute
the estate of the late Assumani Kiyimba .

g) A declaration that the 1st and 2nd defendants have mismanaged the estate
of the late Asumani Kiyimba .

h) A declaration that the 1st and 2nd defendants willfully and without
reasonable cause, neglected to exhibit an inventory and final statement of
account for and in respect of the estate of the late Asumani Kiyimba.

i) A declaration that the 1st and 2nd defendants illegally and fraudulently
sold off portions of the land that constitutes the estate of the late
Assumani Kiyimba to which the plaintiffs claim a substantial share.

j) An order revoking the grant of Letters of Administration to the 1 st

defendant Vide Administration Cause Number 25 of 2010 for and in
respect of the estate of the late Asumani Kiyimba

k) An order appointing the plaintiffs as Joint the Administrators of the estate

of the late Assumani Kiyimba .

l) An order directing the 3rd defendant to cancel all the subdivisions and
duplicate Certificates of Title mutated from the land comprised formerly
comprised in BUTAMBALA Block 70 plot 37 LAND AT Senene that forms
a major part of the estate of the of the late Asumani Kiyimba.

m) An order directing the 1st and 2nd defendants to account for the proceeds
obtained out of the estate of the late Asumani Kiyimba.
n) An order directing the 1st and 2nd defendants to surrender the grant of
letters of administration for cancellation by Court.

o) An order directing the defendants to compensate the plaintiffs for the

reparation for the loss and damage vehemently caused to the estate of the
late Asumani Kiyimba.

p) An order cancelling all the transactions made by the 1 st defendant for and
in relation to the estate of the late Asumani Kiyimba

q) An order directing equal distribution of that the estate of the late Asumani
Kiyimba among all the beneficiaries to all the estate thereof.
r) A permanent Order of injunction doth issue against the defendants, their
employees, agents or anybody acting on their instructions and or on their
authority restraining them from selling off, or alienating or Mortgaging or
alienating the land forming the estate of the of the late Asumani Kiyimba.

s) Special damages of 1.5 billion shilling

t) General Damages.

u) Costs of the suit.

Dated at Wakiso this ________________day

of_________________2023.

ISABIRYE & Co Advocates

Counsel for the plaintiff

 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL SUIT NO.__________ OF 2023

1. ASSUMANI KIYINGI
2. NUSULA NAMALWA===========================PLAINTIFFS
VERSUS
KIMBUGWE JEMA OMUTONGOLE =====DEFENDANTS
THE COMMISSIONER LAND REGISTRATION

LIST OF WITNESSES
1. The plaintiffs
2. Others with leave of Court
LIST OF DOCUMENTS

LIST OF AUTHORITIES

1. The Constitution of the Republic of Uganda, 1995.

2. The Land Act Cap227 (As Amended)
3. The Evidence Act Cap 6
4. Civil Procedure Act Cap 7
5. Civil Procedure Rules SI 71-1
6. The succession Act
 7. Case law
8. Others within leave of Court.

Dated this ________________ day of _________________2023.

ISABIRYE & Co. Advocates

Counsel for the plaintiff
 THE REPUBLIC OF UGANDA

IN CIVIL SUIT NO.__________ OF 2023

1. ASSUMANI KIYINGI
2. NUSULA NAMALWA===========================PLAINTIFFS
VERSUS
1. KIMBUGWE JEMA OMUTONGOLE =====DEFENDANTS
THE COMMISSIONER LAND REGISTRATION THE REPUBLIC OF UGANDA

SUMMONS TO FILE A DEFENCE

TO: THE DEFENDANTS

TAKE NOITICE that the plaintiffs have filed a suit against you, the details of which are
contained in the copy of the plaint attached hereto.

YOU ARETHEREFORE required to file your written Statement of Defence within

THREE ( 3) DAYS from the date of receipt of these summons.

TAKE FURTHER NOTICE that should you or your advocates fail to file your defence
within the prescribed period of time, the case shall be heard and decided in your
absence without further notice.

GIVEN under my hand and seal of this Honourable Court this _________day of
________________ 2023 .

JUDGE
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL SUIT NO.__________ OF 2023

3. ASSUMANI KIYINGI
4. NUSULA NAMALWA===========================PLAINTIFFS
VERSUS
2. KIMBUGWE JEMA OMUTONGOLE =====DEFENDANTS
THE COMMISSIONER LAND REGISTRATION
DEFENDANTS’ WRITTEN STATEMENT OF DEFENCE
Save as herein after expressly admitted, the 1 st and 2nd defendants deny each and
every allegation of facts contained in the plaint as if the same were set forth and
traversed seriatim.
1. Save for the Plaintiff’s legal capacity, the defendants admit the contents of
paragraphs 1,3 and 2 of the plaint in so far as they relate to the description of
the parties and add that her address of service of Court process shall be C/o
BUGUJJU

2. The defendants further state that nothing in the plaint is correct and they deny all
the paragrapgs in toto/

3. The defendants shall at the commencement of the trial raise a preliminary

objection as to the competence of this suit on the ground that; the suit is
frivolous, devoid of any merit and it does not disclose any cause of action against
the 1st and 2nd defendants and at the earliest stage of the hearing should be
dismissed with costs .
WHEREOF, the 2nd defendant prays that the suit against it be dismissed with costs
DATED at Wakiso this ……………… day of……………………………. 2023.

DEFENDANTS

LOGDED in the Registry of this Court this________ day of __________2023 .

DEPUTY REGISTRAR