THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

FAMILY DIVISION

CIVIL SUIT NO …………………. OF 2024

SANTA ADRIKO

(Suing as beneficiary of the estate of the late seraphine Atimango)………….PLAINTIFF

VERSUS

JUNE OJULE OTING…………………………………………………………………………….DEFENDANT

PLAINT

1. The plaintiff is a female adult Ugandan of sound mind a resident of Biina Mutungo Kampala city
whose address of service for purposes of this suit shall be M/S E5 and Co. Advocates P.O box
7117 kyamugorani mbarara.
2. The defendant is a male adult Ugandan presumed to be of sound mind a resident of Ssonde
Namugongo Wakiso district and the plaintiff’s advocate undertakes to effect service of court
process unto the defendant.
3. The plaintiff’s claim against the defendant is for a permanent injuction restraining the defendant
from intermeddling with the estate of the late Seraphine Atimango.
4. The facts constituting the cause of action are;
a) That the plaintiff is a biological daughter of the late Seraphine Atimango who died intestate
on 21st of October 2023 as a result of a motorcycle accident.
b) That at the burial of the late Seraphine Atimango, the plaintiff learnt that the late had left a
child named Lillian Anzo whose father is the defendant but werenot legally married.
c) The late left behind several beneficiaries and dependants who have not yet appointed an
administrator to take control of the estate.
d) The late left behind several properties where the beneficiaries and dependants sustain their
livelihood. These properties include four residential houses on an acre of land at Ssonde
Namugongo, a mixed farm on a land in lira district, a bungalow at Biina Mutungo kampala, a
commuter taxi registration number UCC 991A, land at lira with devlopments to wit a
students hostel, canteen and restaurant and bank accounts with housing finance bank lira
and Mukono branches.
e) That the defendant not being a beneficiary nor an administrator has engaged in acts of
intermeddling with the estate of the late where by he has sold part of the estate to wit a
commuter taxi registration number UCC 991A,a plot of land measuring 50 feet by 100 feet
forming part of a vacant piece of land off the acre at Namugongo.
f) That the defendant is also collecting rent from the houses at Ssonde
g) That the plaintiff has it on good authority that the defendant is still intermeddling with the
estate where by he has engaged property blockers to find buyers for the land at Ssonde
Namugongo.
5. The plaintiff contends that the acts of the defendant have caused great inconvenience to the
beneficiaries and the dependants of the late Seraphine Atimango.
6. The plaintiff contends that the defendant has no authority whatsoever to deal or make
transactions on the estate of the late.
7. The cause of action arose in Namugongo Wakiso district within the jusrisdiction of this
honourable court.
8. The defendant was served with a notice of intention to sue.

Wherefore the plaintiff prays for judgement against the defendant for;

(i) A declaration that the defendant has intermeddled with the estate of the late Seraphine
Atimango.
(ii) A declaration that the defendant makes account of the proceeds from the sale he made
on the part of the estate.
(iii) A permanent injunction restaraining the defendant or his agents from further
intermeddling with the estate of the late Seraphine Atimango.
(iv) General damages
(v) Exemplary damages
(vi) Punitive damages
(vii) Interest on (iv), (v), (vi) on court rate from date of judgement till full payment.
(viii) Costs of the suit.

Dated at Mbarara this 10th February 2024

…………………………..kisha………..

Counsel for the plaintiff

DRAWN AND FILED by

E5 & CO ADVOCATES

P.O BOX 7117 KYAMUGORONI

MBARARA
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

FAMILY DIVISION

CIVIL SUIT NO …………………. OF 2024

SANTA ADRIKO

(Suing as beneficiary of the estate of the late seraphine Atimango)………….PLAINTIFF

VERSUS

JUNE OJULE OTING…………………………………………………………………………….DEFENDANT

PLAINTIFF’S BRIEF SUMMARY OF EVIDENCE

The plaintiff shall lead evidence that the defendant is neither a beneficiary nor an administarator of
the estate of the late Seraphine Atimango but his actions amount to intermeddling and that he has
no defence against the plaintiff’s claim.

PLAINTIFF’S LIST OF WITNESSES.

1. The plaintiff
2. Any other with leave of court

PLAINTIFF’S LIST OF DOCUMENTS

1. Commuter Taxi UCC 991A log book

2. Certificate of title in respect of land in Namugongo Kyandodo block 186 plot 23
3. Any other with leave of court

PLAINTIFF’S LIST OF AUTHORITIES

1. Succession act as amended cap 162

2. Civil procedure Act cap 71
3. Civil procedure rules Si 71-1
4. Evidence Act cap 13
5. Any other with leave of court

Dated at Mbarara this 10th February 2024

…………………………..kisha………..

Counsel for the plaintiff

DRAWN AND FILED by

E5 & CO ADVOCATES

P.O BOX 7117 KYAMUGORONI

MBARARA
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

FAMILY DIVISION

CIVIL SUIT NO …………………. OF 2024

SANTA ADRIKO

(Suing as beneficiary of the estate of the late seraphine Atimango)………….PLAINTIFF

VERSUS

JUNE OJULE OTING…………………………………………………………………………….DEFENDANT

SUMMONS TO FILE A DEFENCE.

TO; JUNE OJULE OTING

Whereas the above mentioned plaintiff has instituted a suit against you with the particulars that are
set out in the copy of the plaint hereto.

You are hereby required to file a defense to the suit within fifteen days from the date of service of
the summons on you in the manner prescribed under order 9 rule 1 of the civil procedure rules

Should you fail to file a written statement of defense on or before the due date, the plaintiff may
proceed with the suit and judgment may be given in your absence.

Given under my hand and seal of this honorable court this 10th February 2024

……………………………………….

DEPUTY REGISTRAR

EXTRACTED AND FILED by

E5 & CO ADVOCATES

P.O BOX 7117 KYAMUGORONI

MBARARA