GROUP 2

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MASAKA

CIVIL SUIT NO…… OF 2024

CATHERINE SUUBI MUBI..……………………………… PLAINTIFF

VS

YEKO MUNTU ………………………………………………… DEFENDANT

PLAINT

(O.4 r.1 & 2, O.6 r.3 Civil Procedure Rules, Section 234 (e & f) Succession Act Cap 162 as
amended Judicature Act Cap 13)

1. The Plaintiff is a female adult Uganda of sound mind, a widow and beneficiary of the
estate of the late Yoana Maria Mubi whose address for purposes of his suit shall be
M/S Mukasa & Co. Advocates, Sure House Masaka Town Masaka.
2. The Defendant is a male adult Ugandan presumed to be of sound mind and the
Plaintiff’s advocate undertakes to effect service of court process on him.
3. The Plaintiff’s cause of action against the Defendant is for mismanagement of the
estate of the late Yoana Maria Mubi.
4. The facts constituting the Plaintiff’s cause of action arose as hereunder;
a) The Plaintiff is a widow and beneficiary of the estate of the late Yoana Maria
Mubi who died testate on 23rd May 2023 leaving behind several properties to
wit;
I. A modern residence at Kawula-Masaka in Masaka District.
II. Salina plaza on Masaka-Kampala road on land known as Masaka
Block 230 Plot 56. The plaza houses twelve tenants.
III. A building rented by Capital Finance Bank in Masaka Town at a
monthly rent of UGX 5,000,000(Uganda Shillings Five Million Only)
IV. A mixed farm at Kalongo-Masaka in Masaka District.
V. Land at Mengo-Kampala City known as Kibuga Block 154 Plot 23
mortgaged to Silver Trust Bank in January 2021.
 VI. 25 acres on Bufumila Island Kalangala District known as FRV 550
Folio 12 Ssese Block 25 Plot 10.
b) A grant of probate in respect of the said estate was issued by this court to the
Defendant in April 2023 vide Masaka High Court Probate and Administration
Cause No. 034/2023.
c) The Defendant leased the land on Bufumila island for 45 years without
consulting or getting consent of the Plaintiff.
d) The deceased left a mortgage with Silver Trust Bank in respect of land at
Mengo but the defendant has not paid any money in respect of the mortgage
since the death of the deceased and as a result the bank has issued a notice of
default.
e) The Defendant has not paid the farm manager and workers renumeration for
over six months and as a result, the farm manager colluded with the workers
and they sold ten(10) Friesians and paid themselves and abandoned the farm.
f) The Defendant has never filed an inventory in this court about how he spends
thee rent which he collects from the property of the deceased and has never
filed an account of the assets of the estate and how he disposed of them
5. That by reason of the foregoing, the Plaintiff will contend that there is just cause for
revocation of grant of probate granted to the defendant.
6. The Defendant’s conduct has caused the Plaintiff and other beneficiaries’ mental
distress and inconvenience for which she prays for general damages.
7. The Plaintiff further contends that if the Defendant is not restrained from management
of the estate, there is a threat that the estate will be alienated, wasted to the detriment
of the beneficiaries.
8. That this honorable court has the jurisdiction to hear and determine the rights of the
parties at stake.

Wherefore, the Plaintiff prays for orders that;

i. A declaration that the defendant mismanaged the estate of the deceased

ii. An order for revocation of the grant of probate issued to the Defendant
iii. An order that the Defendant make an inventory account for the estate for the past
11 months.
iv. Letters of administration be granted to the plaintiff
v. An order as of general damages
 vi. An interest on all the monetary awards
vii. Costs of the suit

Dated at ……………. This …..day of……2024.

………………………………………….

M/S Mukasa & Co. Advocates

Counsel for the Plaintiff

Drawn & filed by:

M/S Mukasa & Co Advocates
Sure House, Masaka Town
Masaka.
SUMMARY OF EVIDENCE.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MASAKA

CIVIL SUIT NO…… OF 2024

CATHERINE SUUBI MUBI..……………………………… PLAINTIFF

VS

YEKO MUNTU ………………………………………………… DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall lead evidence to show that the Defendant is mismanaging the estate,
wasting and willfully and without just cause failed to exhibit an inventory and account of the
properties and incomes arising out of the estate of the late Yoana Maria Mubi(deceased) as an
administrator and as a consequence, the lawful beneficiaries have suffered loss and anguish.

List of witnesses

1. The Plaintiff
2. Farm manager
3. Bank manager of Silver Trust Bank
4. Others with leave of court

List of documents

1. Grant of probate issued on 23rd April 2023

2. Will of the late Yoana Maria Mubi
3. Notice of default from Silver Trust Bank
4. Any others with leave of court

List of authorities

1. The Constitution of the Republic of Uganda 1995 as amended

2. The Succession Act Cap 162 as amended
3. The Civil Procedure Rule S.I 71-1
4. The Judicature Act Cap 13
5. Case Law
Dated at Masaka this …………….day of ……….2024.

…………………………………..

Counsel for the Plaintiff

Drawn & filed by:

M/S Mukasa & Co Advocates
Sure House, Masaka Town
Masaka.
GROUP 3
NOTICE OF MOTION

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUKONO
MISCELLEANEOUS APPLICATION NO. 1 OF 2024
(Arising from High Court Administration Cause No. 29 of 2023)
And
In the matter of the Estate of the Jude Asiimwe (Deceased)
And
In the matter of an application to strike out the name Dickson Mukama (brother) to the
deceased in the letters of administration and grant instead to Fred Asiimwe
NOTICE OF MOTION

(brought under Section 98 CPA, S. 33 JA, Order 52 rule 1&3 CPR)

TAKE NOTICE that this honourable court shall be moved on 18 th day of March 2024, at
9:00 O’clock in the forenoon/afternoon as counsel for the applicant shall be heard on an
application for orders that;

1. The name of Dickson Mukama be struck off on the letters of administration in respect
of the Estate of Jude Asiimwe (deceased)
2. That the applicant be vested with Letters of administration solely to manage the estate
of Jude Asiimwe

TAKE FUTHER NOTICE THAT; this application is supported by an affidavit of the

applicant, FRED ASIIMWE, which shall be read and relied upon at the hearing but briefly
the grounds of this application are;

1. That the applicant together with his brother Dickson Mukama were granted with
Letters of administration in respect of the estate of Jude Asiimwe (deceased) vide
High Court Administration cause No. 29/ 2023.
2. That in August 2023, Dickson Mukama’s health steadily declined and he was later
diagnosed with severe dementia.
3. That as a result of this condition, he among other things experience severe memory
loss and he cannot reason soundly.
THAT the applicant makes this humble application seeking court’s orders in the best interest
of the good management of the deceased estate.

Dated this 16th day of March 2024

……christopher………….

COUNSEL FOR THE APPLICANT

GIVEN under my hand and the seal of this Honourable court this 16th day of March 2024

……………fgrtrh………………

DEPUTY REGISTRAR

Drawn & filed by:

M/s Firm C5 & Company Advocates

P.O.Box 7117,

Kyamuguranyi Road

Mbarara
AFFIDAVIT IN SUPPORT

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUKONO
MISCELLENAOUS APPLICATION NO. 1 OF 2024
(Arising from Administration Cause No. 29 of 2023)
And
In the Matter of the Estate of the JUDE ASIIMWE (Deceased)
And
In the matter of an application to strike out the name DICKSON MUKAMA in the
letters of administration and grant instead to FRED ASIIMWE (son of the deceased)
AFFIDAVIT IN SUPPORT

I Fred Asiimwe of c/o firm C.5 &co. advocates P.O Box.7117 Kampala solemnly swears
this affidavit and state as follows;

1. That I am a male adult Ugandan of sound mind the applicant and one of the
administrators of the estate of the late Jude Asiimwe in this matter and swear this
affidavit in that capacity.
2. That I was jointly granted letters of administration with my brother Dickson Mukama
by this honourable court vide High Court Administration Cause No. 29 of 2023.(a
copy of certified letter hereto attached and marked A)
3. That since august 2023 the health of Dickson Mukama has deteriorated and has been
diagnosed with severe dementia.(a copy of the medical report hereto attached and
marked B)
4. That Dickson Mukama experiences from severe memory loss and he cannot reason
soundly.
5. That Dickson Mukama has since become incapable of performing his duties under the
grant.
6. That I am willing and capable of executing the obligation under the grant solely
7. That whatever is state herein is true and correct to the best of my knowledge and
belief.
Sworn at Mukono this 16th of March 2024

By the said:

FREDASIIMWE ….hdgh…
 DEPONET

BEFORE ME:

…………................……dsfff………………………………..

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