Msimbwa80@gmall.com Ca 0754872389 NIN:CM84091101D07A 18% August 2023 11S \po2 ‘Administrator General, Amamu House 5 George Street, Kampala, P.O. Box 7151, Kampala, Uganda, Recerreef Moses Ssimowa APPLIGATION FOR CERTIFIED COPY OF RECORDS ON FILE OF ESTATE OF THE LATE SERWANGA BUZIBWA EDWARD The subject refers. Further reference is made Letters of Administration for estate of Late Serwanga Buzibwa Edward/Besweri Buzibwa Edward. A copy of the Letters is attached. 1am a defendant in civil suit No. 407 of 2018 between Sserwanga Robert vs 'ssabasawula Edward, Ssimbwa Moses & Senyonjo Isaac and in order to enable me defend myself in the mentioned suit, it has necessitated me to obtain from your {good Office copies of all file records of the estate of Late Serwanga Buzibwa Edward/Besweri Buziowa Edward which the suit property relates. This is therefore to humbly apply for copies of all file records of the estate of Late ‘Serwanga Buzibwa Edward/Besweri Buzibwa Edward. | thank you for your service and cooperation. Sincerely Moses Ssimbwa ApplicantTHE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN MUKONO AT MUKONO. ARISING OUT OF CIVIL SUIT NO. Aor OF 2018 SSERWANGA ROBERT = naan onsen PLAINTIFF 1, SSABASAWULA EDWARD = DEFENDANTS 2. SSIMBWA MOSES 3. SENYONJO ISAAC SUMMONS TO FILE A DEFENCE. TO 1, SSABASAWULA EDWARD 2, SSIMBWA MOSES 3. SENYONJO ISAAC WHEREAS the above named plaiy/iff has instituted a suit against you upon the claim the particulars of which are set out in a plaint a copy of which is hereto attached. 7 . : YOU ARE HEREBY required to file a defence in the said suit within 15 days from the date of service of this summons on you in the prescribed manner under ORDER 9 r 1 of the CPR-SI-71-1. AND TAKE NOTICE that if you fail to file a defence on or before the mentioned date, the plaintiff may proceed with the case and Judgment may be given in your’ absenc« GIVEN under my hand and seal of this Honourable Court this2h, Of en Lop n.2018 EXTRACTED & FILED BY: M/s. Crimson Associated Advocates, Plot.5 Theatre House, Upper Floor, Room 2, P.O.Box 27206 Kampalaone Vy THE REPUBLIC OF UGANDA > “Gy IN THE HIGH COURT OF UGANDA HOLDEN MUKONO CIVIL suit No. Z}O2 oF 2018 SERWANGA ROBERT PLAINTIFF VERSUS . SSABASAWULA EDWARD . MOSES SSIMBWA E -- DEFENDANTS . ISAAC SENYONJO PLAINT . That the Plaintiff is an adult male of sound mind whose addreés of service for purposes of this suit shall be C/o Crimson Associated Advocates, Plot 5 Theatre House, Upper Floor, Room 2,Dewinton Road, P.O Box 27206, Kampala - Uganda. ‘The 1* Defendant is an agult male Ugandan presumably of sound mind. ‘ The 2! Defendant is an adult male Ugandan presumed to be of sound mind. The 3" Defendant is an adult male Ugandan presumed to be of sound mind. . The plaintiff undertakes to effect service of court process upon the defendant The Plaintiff's claim against the defendants jointly and or’severally is in Trespass and fraud , seeking a declaration that the defendants are trespassers on land comprised in Block 121 Plots 210, 211, 218 , 219, 220, 221, 222, 223, 224, Kyaggwe and an order for recovery of land, a permanent injunction against the defendants and their agents restraining them from trespassing and or dealing in the land , general damages, mesne profits, interests and costs of the suits.7. The facts constituting the cause of action arose as follows: a, At all material times the suit property belonged to the late Serwangwa Buzibwa Edward who died testate and left a will (Attached is a copy of the will of the late Serwanga Buzibwa Edward Marked annexture “A”) ‘The plaintiff is also the Administrator and one the beneficiaries of the Estate of the Late Serwanga Buzibwa Edward having been granted letters of administration vide HCT-administration cause , No.731 of 2000 and granted on the 6rth day of march 2001. {Attached is a copy of the letter of administration marked annexture “B” ) . The plaintiff distributed the estate of the deceased the late Serwanga Buzibwa Edward to all the beneficiaries including himself. ‘The Plaintiff as beneficiary in the estate of the late Serwanga Buzibwa Edward was given or took the suit property as his share in the estate and got registered on the above land as the registered proprietor of the suit land (Attached is a copy of the Titles Marked gtinexture “Ci, Cii, Cili, Civ, Cv, Cvi, Cvii, Cvii, ' Cix’) Without any color of right or consent from the plaintiff the 1st defendant who is also a cousin of the plaintiff fraudulently sold , "the suit property to the 24 defendant and 3" defendants ‘The 1% defendant executed a sale agreement with Simbwa Moses who is also the 2"4 defendant selling an acre of land to him on the 12% day of March 2016 at a cost of Ug. Slis. 50,000,000= (Uganda Shillings Fifty Million) (Attached hereto is the copy of the Sale Agreement marked as Annexure “d) ‘That the 1% defendant also sold land to the third defendant without consent or permission from the Plaintiff. (Attached hereto is the copy of the Sale Agreement marked as Annexure “By ‘That the defendants were informed that the land belonged to Serwanga Robert the plaintiff before they transacted in the landa fact that they neglected and went a head and transacted on the land or suit properties. i That the 1* defendant has at all material times known that the suit property belonged to the plaintiff and it was his share in the estate of the late Serwanga Buzibwa Edward. . j. That even photocopies of the titles were presented to the defendants by the plaintiff to show them that the land was registered in the names of the plaintiff-before they transacted on land a fact that they neglected when they were inspecting the land. k, The plaintiff avers refusing or failing him to have vacant and quiet possession of the entire suit property which constitutes to fraud. 1. The plaintiff avers that the 1% defendants actions of selling the land to the 24 and 3¥4 defendants well knowing that the land belongs to Serwanga Robert the plaintiff amounts to fraud. m. The plaintiff also avers that the 24 and 3 defendants actions of purchasing land from the 1% defendant well knowing that the same belongs tg the plaintiff amounts to fraud \ n. That the plaintiff reported the matter to the authorities when they defendants refused to leave stop their illegal activities on the land, and also reported the matter to Mukono Police station SDREF:45/11/03/2017 on charges of disposal of public trust, fraud on sale of property and conspiracy to defraud. o. That the 1% , 24, 31 defendants transacted on the Plaintiff land without his consent or permission and all their activities are rendered unlawful or illegal. PARTICULARS OF FRAUD a) The. 1% defendant selling to the 24 and 34 defendants land as per the sale Agreements attached well knowing that the same belonged to the Serwanga Robert and it was his share from the Estate of the late Serwanga Buzibwa Edward. 1b) The 1* defendant representing himself as the owner of the land well knowing that it is not his land and selling it to the 24 and 3x defendants. ©) The 2"¢ and 3 defendants purchasing land from the 1* defendant with notice that it doesn’t belong to the 1%t defendant but belongs to the plaintiff. 1 d) The 24 and 3* defendants neglecting the notice give to them by the plaintiff before purchasing the land from the 1* defendant, even when presented with copies of the certificates of title on the land and told to go and conduct the necessary land searches and carry out due diligence before any transaction could take place ¢) The defendants refusing to leave the land even when told that the land belonged to the Estate of the late Serwanga Buzibwa Edward and was given to Serwanga Robert as his share in the estate and that the 1st defendant was not a beneficiary in the will and could not have powers to sell land to any person. PARTICULARS OF TRESPASS v a) The first defendant intentionally and unlawfully selling land that belongs to the estate of the late Serwanga Buzibwa Edward to the second and third defendants without consent or having no permission to do so from the Plaintiff. | b) The Defendants interference with the quiet possession and enjoyment of the of the suit property that belongs to the plaintiff which was given to him as his share in the Estate of the Late Serwanga Buzibwa Edward. c] The 254 and 34 defendants refusing to leave the suit properties even when informed that the suit properties did not belong to the 1st defendant who sold to them land and still does not belong to them. The: Plaintiff further pleads that the activities of the defendants to deny, fail or defeat him from occupying and or have quiet possession of the entire suit property is unlawful and constitutes fraud and Trespass ; and '10 il. By reason of the matters aforesaid the Plaintiff has suffered loss and damages for which he holds the Defendants jointly or severally liable. Notice of intention to sue was communicated to the defendants and ignored. (Attached hereto is the copy of the Notice of Intention'to Sue marked as Annexure F The cause of action arose in Senyi, Mukono District, within the jurisdiction of this Honorable Court. REASONS WHEREFORE the Plaintiff prays that the Honorable Court be pleased to enter judgment against the Defendants jointly or severally for the following declarations and orders: vii) ‘That the Plaintiff is the rightful and lawful owner of the suit property. ‘That the defendants are trespassers on the suit property ‘That the sale of the suit property by the 1st defendant to 2nd and 3r4 defendants without gAe consent or permission of the plaintiff is unlawful. That the defendants and any of their servants, agents, employees or those claiming under them be evicted from the suit land, ‘That the plaintiff enter and enjoy quiet possession of the suit property that belongs to him which was given to him as his share in the Estate of the Late Serwanga Buzibwa Edward. A permanent injunction do issue restraining the defendants or their agents, servants, employees and or those claiming under them from entering upon or otherwise interfering with the suit land: Mesne profits, viii) Interest at the rate of 25% on general damages from the time the cause of action arose, General damages,x) Costs of the suit DATED at Kampala this _ 11!“ day of Juve 2018 COUNSEL FOR THE PLAINTIFF Drawn & Filed by: Crimson Associated Advocates, Plot 5 Theatre House, Upper Floor, Room 2, Dewinton Road P.O Box 27206, Kampala - Uganda.