PGBC/2023/2024/TMII/WKI/CL/PN

DEPARTMENT OF POST-GRADUATE LEGAL STUDIES AND LEGAL AID

THE POST-GRADUATE BAR COURSE 2022/2023
TERM TWO, WEEK ONE
WEEK OF 15th JANUARY TO 20th JANUARY 2024
CIVIL LITIGATION WORKSHOPS

MODULE THREE: INTERLOCUTORY APPLICATIONS AND HEARING CIVIL SUITS.

Under this module, we are introducing students to intervention as counsel in an existing

suit, interlocutory applications and hearing of civil suits

Learning outcomes:

By the end of this module you will be able to:

1. Explain the process of intervention by counsel in an existing s[]0uit, interlocutory

applications and during the hearing of civil suits;
2. Present interlocutory applications;
3. Demonstrate case management processes to save court’s time and minimise
multiplicity of suits;
4. Present civil suits;
5. Recognise and deal with ethical issues relating to the intervention of counsel in
an existing suit, hearing of interlocutory applications and civil suits.

Workshop One:-
This workshop deals with the process of intervention by counsel in an existing suit,
contentious and non-contentious applications made to promote interests of justice
and for better case management.
1
 Learning outcomes:
By the end of the workshop, students should;
1. Explain the process of intervention by counsel in an existing suit, prosecution of
interlocutory applications and preparation of rulings in respect of the interlocutory
applications;
2. Illustrate the ability to draft appropriate formal applications, replies
thereto and submissions.
3. Developed ability to demonstrate the prosecution and determination
interlocutory applications.
4. Demonstrate case management processes to save court’s time and minimise
multiplicity of suits;
5. Recognise the ethical issues relating to process of intervention by counsel in an
existing suit, prosecution of interlocutory applications and preparation of rulings in
respect of the interlocutory applications;
Facts:

A) Assume you are a Legal Assistant at M/s Lutaaya & C o . Advocates, P l o t 1 4,

Kampala Road, P.O. BOX 422, Kampala where Mr. Solomon Nfunilamuwa, is before
you.
He tells you that he is a son and Administrator of the Estate of his deceased father, the
Late Yokana Nfunilamuwa. His father is the registered proprietor of land situate at
Singo Block 34 plot 3 Kajjoji village , Mityana District, measuring approximately 60
acres. He tells you that in the year 1976 their father become registered on the certificate
of title. He tells you that currently the family of the Late Yokana Nfunilamuwa are in
occupation of 30 acres of the land, having re-entered after the lease had expired. He
tell you that he was served with the amended plaint on the 12 th January 2024.He tells
you that he did receive the summons and plaint to the suit on the 21 st of December
2023. His former Counsel, Ms Shevan Mirembe of M/s Mirembe & Co. Advocates
situated at Plot 14 Nakasero Road re-located to the United Kingdom for greener
pastures. Fortunately she did file his the written statement of defence to the suit on the
09th of January 2024.

2
He further tells you that Mukalazi Kenneth, together with his brother, a one Brigadier Solomon
Mukalazi is threatening the family with an eviction as he is claiming the ownership of the
60 acres located at Singo Block 34 Plot 3 Kajjoji village , Mityana District. That even
of late there are several military men who have pitched camp along the boundaries of
the plot.
He pays the instruction fees and hands over the amended plaint to you (Appendix A).
He tells you that the family of the late Yokana Nfunilamuwa wants to in fact recover
their remaining 30 acres of land and even wants the court to hand back the entire 60
acres of land to the family.
Tasks:-

(i) Advise the client on the most appropriate remedy available to

him in the circumstances.
(ii) What course(s) of action are you going to take in order to
effectively protect the client's interests against the looming eviction
from the suit land?
(iii) Draft the necessary documents you would file in court in view
of the desired remedy in (i) above.
v) Assume you are the Registrar of the court and the summons for
directions have been taken out. Therein both parties indicated that the
application is due for hearing on Friday, what directions, would issue
so as to enable you successfully determine the application before
you?
(iv) Prepare written submissions you would use in court to
support the desired remedy.

B) A week later after the instructions in A above, Mr. Solomon Nfunilamuwa

returned to your office and he then informs you that he had forgotten to inform you
that the family is likely to be left with a paper judgement for costs as Mukalazi
Kenneth has no known property or source of income .

3
 He now w a n t s y o u t o a dvise him on :-
i) The most appropriate remedy i n t h e circumstances.
ii) Draft appropriate documents i n ( i ) a b o v e and prepare legal opinion in
support of the documents drafted.

C) Assume that you are still Counsel for Mr. Solomon Nfunilamuwa and upon the
issuance of the Certificate of Urgency, the main application in Task A above was
granted on the 12th January 2024 He tells you that while reading Bukedde
Newspapers dated 15th January 2024, he saw an advert for plots of land in
Kajjoji village. He was then drawn to the advert because of the 30% New year
offer that was included. As he read the advert, he noticed that Mr. Mukalazi
Kenneth had run the advert and was selling off the 60 acres Block 34 plot 3
Kajjoji village, Mityana District. He shows you the Newspaper.

(i) Advise the client on the most appropriate remedy available to

him in the circumstances.
(ii) Draft the necessary documents you would file in court in view
of the desired remedies.
(iii) Prepare written submissions you would use in court to
support the desired remedy.

D) Assume that you are still counsel for Mr. Solomon Nfunilamuwa. All the desired
steps under part A –C above have been taken and the matter has been set down for hearing
however you have learnt of the following developments:
That Mr. Mukalazi Kenneth is selling off his immovable property so as to enable him
permanently relocating to the United Kingdom for good.
i) Advise your client on the course of action you would take
to protect his interests in the circumstances.
ii) Draft the necessary documents in (i) above.

4
E) Assume that Mbarara Chief Magistrate's court has five separate pending
suits by different plaintiffs including Mbabazi Maureen but all brought against
Tugume Richard, the defendant.

All the five plaintiffs allege to be victims of a motor accident while travelling
as passengers on Omnibus Reg. No. UBB 453F owned by T u g u m e R i c h a r d ,
and have consequently sued him under the doctrine of vicarious liability for
damages arising out of negligent driving by his servant, during the ordinary
course of his employment. Against these separate suits, Tugume Richard has filed
respective defences to each suit denying responsibility. To each of them, he has
raised strong defences such as volenti non fit injuria, and contributory negligence.

Resultantly, the five plaintiffs’ have filed respective replies to the defence
reiterating res ipsa loquitor, and contending that their actions of jumping out of
the defendant's moving vehicle and thereby sustaining injuries complained of
were justified by the doctrine/plea of alternative danger.
Of these plaintiffs you represent Mbabazi Maureen and three others. The fifth
plaintiff is represented by M/s Muhwezi & Co. Advocates. All the five suits are
pending hearing but with different dates, and some not convenient to you.
Your partner who is aware of the said matters tells you that this is a good opportunity to
make money for the law firm, as the courts often award heavy damages in such cases.
He advises you to enter into an agreement with your clients, to be paid a quarter of any
damages awarded by the court if the judgement is in their favour.

Tasks:

(a) Advise your clients on the best course(s) of action you would take to
ensure that they participate in the suits.
(b) Draft the necessary documents you would need to use in court in pursuit
of your client's desired interest.
c) Assume you are the judicial officer, prepare the ruling arising from the
documents filed under (b) above.
Allocation of tasks.
Group 1Task A
Group 2 Task B & D
Group 3 Tasks C
5
Group 4 Tasks E

Workshop Two (2).

The workshop is on procedures and skills of handling objections and conducting

an effective hearing of a civil suit. It thus covers week's learning outcome on the ability
to conduct an effective hearing and ethical issues.
By the end of the workshop students will be able to,
1. Explain how to present a civil suit for hearing in court ;
2. Illustrate how to present a civil suit for hearing;
3. Demonstrate how objections are raised during the hearing of a civil suit.
4. Recognise and deal with ethical issues relating to the hearing of civil suits.

A) Assuming that pleadings under workshop 1 been closed and all the interlocutory
applications therein have been determined. Subsequently both counsel were
directed by the Registrar to prepare and file their respective trial bundles
together with the joint scheduling memorandum. However both counsel have
failed to agree on the issues for determination.
Tasks;-
1. Prepare and file a joint scheduling memorandum, trial bundles and witness
statements of plaintiff and defendant's key witnesses, respectively.
2. By way of a legal opinion, illustrate how issues are framed, the burden of
proof and standard of proof in the civil suits.
B) Assume y o u a r e counsel for the plaintiff, advice on the courses of action you
would take on the following scenarios:-
i. It has come to your knowledge that the judicial officer handling the suit
in workshop one was a class mate and actually roommate to the Counsel for
the defendant while they were per suing their undergraduate and post graduate
studies at LDC .
ii. You had closed your client's case prematurely before tendering in the
purchase agreements with A m o s M a t o v u , Moses Sebowa and H e n r y

6
 K i n t u , however the suit before t h e court today is for hearing of
Defendants cases ;
iii. Assume that you are the Judicial Officer hearing the case and you granted the
plaintiff’s prayer in (ii) above. However on the day scheduled to tender in the
agreement in court, neither the plaintiff nor counsel for the plaintiff were in court.
What steps would you take in the circumstances?
iv. Both parties are in court and the suit has come for defence hearing for the third
time but the same has failed to taking off. The defendants are not willing
to proceed citing flimsy reasons.
v. The defence counsel has just completed examining their last witness and court
desires to know from you on how to proceed next before judgment.

The Firm Leader shall divide students into four groups who will then handle tasks
as follows:
Group 1: Task A.
Group 2: Tasks B ( i ) & ( i i ) .
Group 3: Tasks B (iii), (iv) & (v)

Workshop three
This workshop deals with the process of intervention by counsel in an existing suit,
contentious and non-contentious applications made to promote interests of Justice.
The facts in Workshop 1 Task A will be applied so as to prosecute the main
interlocutory application.
Learning outcomes:
By the end of the workshop, students should;
1. Explain the process of intervention by counsel in an existing suit, prosecution of
interlocutory applications and preparation of rulings in respect of the interlocutory
applications;
2. Illustrate the ability to draft appropriate formal applications, replies
thereto and submissions.

7
 3. Developed ability to demonstrate the prosecution and determination
interlocutory applications.
4. Recognise the ethical issues relating to process of intervention by counsel in an
existing suit, prosecution of interlocutory applications and preparation of rulings in
respect of the interlocutory applications;

Preparatory References
1. Judicature Act Cap 13

2. Civil procedure Act Cap 71.

3. The Civil Procedure Rules SI 71-1

4. The Civil Procedure Rules Amended by SI 33/2019.

5. The Constitutional (Recusal of Judicial Officers) Practice) Directions SI

07/2019.
6. The Practice Directions No. 1 of 2007
7. 7. Kiyimba Kagwa v AbduNasserKatende [1985] HCB 43.
8. Geila v Cassman Brown Ltd [1973] EA 358.
9. American Cynamid v Ethcon Ltd [1975] 2 WLR 316.
10. Makerere University v Omumbejja F.N.NB HCMA No. 658/2013.
11. Bankone Ltd v Simbamanyo Estates Ltd HCMA No. 645/2020; arising from
HCCS No.198/2020 (Commercial Court).
12. Commodity Trading Industries Ltd v Uganda Maize Industries Ltd &Anor.
[2001-2005] HCB 118, 119.
13. Hussein Badda v Iganga District Land Board & 4 Ors HCMA No. 4 79/2011.
14. B.0.G. Kawempe Muslim S.S &Anor. v Hussein Kasekende [2006] HCB12,
123.
15. Henry Ssebunya v Kenfright (U) Ltd HCCS No. 988/1998.
16. Jingo Mukasa Livingstone v Hope Rwaguma COCA No. 190/2015.
17. Housing Finance Bank v Edward MusisiMiscAppln No. 158/20 l0.

8
18. Stanbic Bank (U) Ltd v The Commissioner General URA HCMA No.
42/2010; arising from HCCS No. 497/2010 (Commercial Court).
19. Megha Industries Ltd v Conform HCMC No. 2112014.
20. YowanaArikod v FiripoMalinga SCCA No. 6/1987 [1992-1993] HCB 91, 92.
21. Anthony Namboro v Henry Kala [1975] HCB 35.
22. John Mukasa & Litho P ack Ltd v Srijaya Ltd HCMA No. 215/204.
23. G.M Combined v A.K Detergents (U) Ltd SCCA No. 34/1995.
24. Standard Chartered Bank of Uganda Ltd v Ben Kavuya& Barclays Bank (U)
Ltd [2006]1HCB 134, 136.
25. Mull as Code of Civil Procedure, 10th Edition page 883.
26. Hirani v Kassam (1962) EACA 131.
27. Mis Quality Uganda Ltd &Anor v Uganda Performing Rights Society & 4 Ors
HCCS No.444, 2019.
28. Eng. Yashwant Sidpra &Anor. v Sam Ngude Odaka& 4 Ors HCCS
No. 365/2007 (Commercial Court).
29. Victoria NamusokeKawooya v Cairo International Bank Industrial Court
Labour Dispute Misc Application N o . 0003/2020; arising from Industrial Court
Labour Dispute Appeal No. 004/2019.
30. Male Mabirizi K Kiwanuka v The Kabaka of Buganda Civil Apeal No. 13 of
2018
31. Male Mabirizi K Kiwanuka v Attorney General Mis Application No. 089 of 2022
32. Republic v Raphel Muoki Kalungu High Court Criminal Case No. 77 of 2014
33. Male Mabiraizi v Attorney General & Hon Lukwago Erias & ors v electoral
Commisssion & Ors High Court Mis Cause No. 237 & 431 of 2019
34. Locabali (UK) Ltd v Bay Field Properties ltd & ors (Consolidated) (2000)1ALLER
64
35. Dr. Medad Biteyerezo v Mrs Florence Nakachwa Obiocha mis Applic No. 373 of
2020
36. Dr. Medard Bitekyerezo v Mrs Florance Nakachwa Obiocha Mis Applic No.
0533of 2022
37. Banco Arabe Espanol v Bank Of Uganda (1992) 2 EA 24

9
 38. Uganda Poultries ltd v Rhoda Kalema & Ors HCMA No. 22 of 2015

Appendix A
THE REPUBLIC OF UGANDA
IN THE HIGH COURT Of UGANDA AT MUBENDE
CIVIL SUIT NO. 23 OF 2024
MUKALAZI KENNETH………………………………………………………PLAINTIFF
vs
1. SOLOMON NFUNILAMUWA

2. THE COMMISSIONER LAND REGISTRATION::::::::::::::::::::::::::::: DEFENDANTS

AMENDED PLAINT

1. The Plaintiff is a male adult Ugandan of sound mind whose

address for purposes of this suit shall be c/o M u h u m u z a and
Company Advocates, Plot 98 Kampala Road , Uganda House , 3rd
Floor, Office No 2 . 3 P.O Box 1278 Kampala (U). The Plaintiffs'
Advocates undertake to serve the Court process.

2. The1st Defendant is a male adult Ugandan presumed to be of

sound mind and currently holding letters of Administration to the
estate of late Yakobo Nfunilamuwa issued on the 14 th September
2011.

3. The 2nd Defendant is in charge and control of the office of Titles

and exercise the powers and perform the duties/functions conferred
or Imposed upon the Chief Registrar of Titles by the Registration of
Titles Act Cap 230 or any other Act.

4. The Plaintiff’s claim against the 1st Defendant emanate

from the acquiescence when he actively and passively In consort
10
 with a o n e late Matovu Erukana, brokered to the late T e n d o
M u s o k e , s o n t o t h e l a t e Y a k o b o N f u n i l a m u w a to
sell the reversionary Interest In Singo Block 3 4 Plot 3 ( approx. 60
cares) herein refered to as the suit land. In the mistaken belief of
the Plalntlff resulting In the unjust enrichment or unjust benefits
which the 1st Defendant anticipated to get after procuring the
letters of Administration to the estate of t h e L a t e Y a k o b o
N f u n i l a m u w a and his claims are;-

a) A declaration that the 1 s t Defendant a cquiescenced with the

late Tendo Musoke to sell the reversionary Interest to the Plaintiff
in the suit land well knowing that he T e n d o M u s o k e had no
authority.

b) A declaration that the Plaintiff has expended huge sums of

money In developing the suit land believing that he had bought
the reversionary Interest In the suit land without the 1st
Defendant disclosing to him that the Tendo Musoke was not
clothed without a u t h o r i t y to enter Into a contract of sale with
the Plaintiff.

c) declaration that the 1st Defendant has made huge un

accounted profits as a current Administrator to the estate of
the late Y a k o b o N f u n i l a m u w a .from the mistake the
Plaintiff committed to buy the reversionary interest from Tendo
Musoke which the 1st Defendant ought to have prevented If he
was not dishonest.

b) A declaration that i t was the d u t y of the 1st Defendant t o be active a n d

warn the Plaintiff that Tendo Musoke had no authority to sell the
reversionary I n t e r e s t i n the suit land to the Plaintiff.

11
 c) A declaration that the 1st Defendant as the current Administrator to the
estate of late Y a k o b o N f u n i l a m u w a is estopped from being
selective on to which property to transfer or finalize after he had
acquiesced with the late Tendo Musoke before and during the sale of the
reversionary Interest i n t h e s u i t l a n d .

d) A declaration that the Plaintiff bought the reversionary Interest in the suit land
between 2005 and 2007 and n o w a bonafide occupant with equitable
Interest.

e) An o r d e r directing the 2 n d Defendant to a d j u s t the register by

registering the Plaintiff on the Mailo title as the registered owner of the suit
land.

f) General damages f o r suffering, inconveniences, mental a n g u i s h , etc.

g) Exemplary damages

h) Punitive damages

i) Interest and;

j) Costs of the suit

The facts constituting the cause of action arose as follows:-

5. The Plaintiff bought t h e interest of M/S A m o s M a t o v u ,

Moses Sebowa and H e n r y K i n t u i n the running lease of 49
years and s i n c e 1987 from a one Y a k o b o N f u n i l a m u w a ,
t h e t h e n r e g i s t e r e d p r o p e r i e t o r . The plaintiff has
been in quiet possession till after the lapse of the lease that the 1st
Defendant as the current Administrator to the estate of late
Y a k o b o N f u n i l a m u w a , became un cooperative by
refusi ng to sign transfer the Mailo Interest In t h e s u i t l a n d

12
 which the Plaintiff had already p a i d for between 2005 and

2007, a fact within the full knowledge of the 1st Defendant. (A

photocopy of t·he lease Is hereto attached and marked as
Annexure "A")

6. That the beneficiaries of the Late Y a k o b o N f u n i l a m u w a upon

the lapse of the lease forcefully obtained possession of 30 acres of the
suit land and are currently possession and occupation of the same.
7. T h a t M/S A m o s M a t o v u , Moses Sebowa and H e n r y
K i n t u were issued with Owner's Certificate of Title as lessees on
the 24th November 1970 vide Instrument MIT34628 and the Plaintiff
as a sub lessee entered on the title as the registered owner on
the 2nd November 1987 vlde Instrument No. 4394.
(Photocopies of the titles are hereto attached and marked
as Annexures B1 and B2 respectively).
8. That around September 2005 the Plaintiff sent Kasibante Leo the
Manger of the suit property with Matovu Erukana and the 1st
Defendant to a one Tendo Musoke with a humble request to allow
him pay for reversionary Interest In the suit land.
9. That specifically the Father of the 1st Defendant and Matovu Erukana
engaged T e n d o M u s o k e i n the negotiations, in the presence of
the Platiffiff’s agent Mr. Lubowa James and afterwards T e n d o
M u s o k e accepted the pleasantries and a Kanzu sent to him by the
Pliantiff and i n turn told the delegatfon that the Plaintiff had to pay a
fine of Ug. Shs. 1.500,000/- (One mllllon flve hundred) for having
taken a long time without checking on Tendo Musoke .
10. That the Plaintiff on receiving the news he accepted to pay the fine
and indeed gave it to his agent and In the company of the 1 s t
Defendant and Matovu Erukana , took the money, handed i t to
T e n d o J a m e s the presence of his granddaughter a one
Namusoke Mary Tereza and It was thereafter that Tendo Musoke

13
 accepted the Plaintiff to buy the reversionary Interest of Mailo In
the suit land described at a consideration of Ug. Shs. 16.500.000/-
(Sixteen mlllfon five hundred)
11. That while the first payment of Ug. Shs. 1 .500.000 had no written
Agreement BUT on understanding that Tendo Matovu had accepted
that the Plaintiff buys the reversionary Interest of Mailo In the suit
land on the 21st December 2005, a formal Agreement was reached
between the Plaintiff and Tendo Musoke which was duly witnessed. {A
photocopy of the Agreement /s hereto attached and marked as
Annexure "C ')
12. The Plainflff Is to aver and contend that It is evident that the 1st
Defendant was/has been Involved In the matters pertaining to the
sale of the suit land even before he procured letters of
Administration to the estates of late Y a k o b o N f u n i l a m u w a
irrespective of the fact that the 1st defendant
refused to harmonrze the transactions after obtaining the letters of
administration and is therefore estopped to select which property
he can transfer as an Administrator leaving out the property In
question.
13. The Plaintiff shall further aver and contend that the 1st Defendant
was fully Involved In the payment for the reversionary Interest in the suit
land and he Is estopped by acquiescence a s he knows verv well
that the Plaintiff paid for the reversionary rights In the suit land.
14. The Plaintiff shall further aver and contend that the 1 st defendant
who had full knowledge of the fact that the plaintiff was buying
revisionary interest from T e n d o had a dutv to be proactive and
ought to have avoided to be dishonest by willfully remaining
passive on the occasion when the Plaintiff was paying for
the revisionary Interest to Tendo Musoke then afterwards gain
profits out of a mistake which he ought to have prevented.

14
 15. The Plaintiff shall aver and contend that the actions and omissions of
the 1st Defendant have occasioned him huge losses, damage
arising from the acquiescence of the 1st Defendant by being
passive in encouraging the Plaintiff purchase the reversionary
Interest In the suit land well knowing that he had no authority but
would benefit the 1st Defendant when he procures the letters of
Administration an Injury for which he holds the 1st Defendant
liable In damages.
16. The cause of action arose In Mityana with ln the Jurisdiction of this
Honorable Court.
WHEREFORE, the Plaintiff pray for Judgement against the 1st Defendant for:
I) A declaration that the 1st Defendant acquiesced with the late T e n d o
M a t o v u to sell the reversionary Interest of the Plaintiff in t h e s u i t
l a n d well knowing that he Tendo Matovu had no authority.
II) A declaration that the Plaintiff has expended huge sums of money
In developing the suit land believing that he had bought the
reversionary Interest In t h e s u i t l a n d without the 1st Defendant
disclosing to him that Tendo Matovu was not clothed without
authority to enter Into a contract of sale with the Plaintiff.
(iii) A declaration that It was the duty of the 1st Defendant to be
active ·and warn the Plaintiff that Tendo Matovu had no
authority to sell the reversionary Interest In the suit land to
the Plaintiff.
(iii) A declaration on the 1st Defendant as the current Administrator
to the estate of late of late Y a k o b o N f u n i l a m u w a is
estopped from being selective on to which property to transfer
or finalize after he had acquiesced with the late T e n d o
M a t o v u before and during the sale of the reversionary
Interest In the suit land.

15
 (iv) A declaration that the Plaintiff bought the reversionary Interest
In the suit land between 2005 and 2007 and now a
bonaflde occupant with equitable Interest.
WHEREAS for the 2nd Defendant;
(i) An order directing the 2nd Defendant to adjust the
register bv registering the Plaintiff on the Mailo tittle as the
registered owner of the suit land.

(ii) General damages for suffering, inconveniences, mental

anguish, etc.

(iii) Exemplary damages

(iv) Punitive damages
(v) Interest and:
(vi) Costs of the suit

Dated at Kampala this 12 t h day of January 2024.

COUNSEL FOR THE PLAINTIFF

Drawn and Filed by:

M u h u m u z a and Company Advocates,
Plot 98 Kampala Road,
Uganda House,
3rd Floor, Office No 2 . 3
P.O Box 1278 Kampala (U).

16