THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)
MISCELLANEOUS CAUSE NO 001 OF 2023
1. ANGELINA MUTONI
2. KATONGOLE CELESTINO …………………………………………………………………….
APPLICANT
VERSES
PATEL KUMAR ………………………………………………….…………………..………………..
RESPONDENT
NOTICE OF MOTION
(Brought under Section 33, and 36 of the Judicature Act, O.52r1 and 3 of CPR, Section 98 of the Civil
Procedure Act)
TAKE NOTE that this honorable court shall be moved on the 7th day of November 2023 at 11:00 in the
forenoon or thereafter as counsel for the applicant can be heard on the application for orders that
1. An order was issued against the Respondent for removal or vacation of the caveat on land comprised in
Block 83, Plot 21 land at Bubale, Kyadondo, Sabawali Division.

TAKE FURTHER NOTICE that this application is supported by the affidavit of the applicant (1 ST
KATONGOLE CELESTINO) which shall be read and relied upon in court, but briefly, the grounds of
this application are;
1. That the 2nd Applicant bought the above-described land from the late George Mutoni, where he
paid the full purchase price as consideration for the land.
2. That he took quite a possession of the said land and he has from the time of concluding the
transaction not been disturbed by any person or third party claiming any interest in the above-
described land.
3. That the late George Mutoni was however sickly at the time of completion of the transaction and
the transfer forms to effect the transfer of the said land from his name to that of the 2 nd
Respondent were never signed.
4. That the respondent lodged a caveat and has since prevented the 2 nd Applicant from effecting a
transfer into the name of the 2nd Applicant.
5. That the Registrar of titles moved by the Applicants has since issued a notice to the Respondent
to remove the caveat on the said land but he has since been adamant and he has refused to remove
the caveat on the said land.
6. That as a result of the respondent’s conduct, the 2 nd Applicant cannot effect the transfer of the
said title into his name.
7. That it's in the interest of justice that this application is allowed and the Respondent be ordered to
remove the said caveat on the land to enable the 2nd Applicant
Dated at Kampala this 6th day of November 2023
 …………………………………………………………….
(COUNSEL FOR THE APPLICANT)

Given under my hand and seal of this honorable court this 6TH Day of November 2023

……………………………………………………………..
REGISTRAR
Drawn and filed by;
Firm c3 & Co. Advocates
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF KAMPALA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS CAUSE NO. 001 OF 2023
1. ANGELINA MUTONI
2. KATONGOLE CELESTINO …………………………………………………………..………….
APPLICANT
VERSES
PATEL KUMAR……………………………………….………………………………………………..
RESPONDENT

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I, KATONGOELE CELESTINO, of Firm C3 & Co. Advocates, the Applicant in this matter do hereby
solemnly swear and state as hereunder;
1. That I Am a male adult Ugandan of sound mind, the applicant herein, and swear to this affidavit
in that capacity.
2. That on the 4th day of November 2023, I bought the land comprised in Block 83, plot 21, land at
Bubale, Sabawali from the late George Mutoni, for a consideration of 1,200,000,000/=
3. That I paid the said sum in two installments in two months (Purchase Agreement is attached
hereto and marked “A”).
4. That after payment of the said sum, I immediately took possession of the land and no one has
ever disturbed my occupation of the Land.
5. That, however, the Respondent lodged a caveat on the title and despite notice from the registrar to
remove the caveat, Mr. Patel Kumar, the Respondent has been adamant and has since refused to
remove the caveat.
6. That Mrs. Angelina Mutoni has offered to refund the respondent the sum he paid as purchase
price before he breached the contract but the Respondent has refused to accept the said sum.
7. That as a result of the said conduct, I have suffered damage and inconvenience since he cannot
transfer the said land into his name despite the estate of the late George Mutoni willingness to
effect the said transfer to me.
8. That it is in the interest of justice that this honorable court orders the Respondent to remove his
caveat since he has no legal justification for maintaining the same.
9. That I swear this affidavit in support of an Application for orders to remove a caveat against Mr.
Patel Kumar, the Respondent in this matter.
10. That whatever I have stated herein is true and correct to the best of my knowledge and belief.
SWORN at Kampala this 6thday of November 2023, by the said;
KATONGOLE CELESTINO

………………………………………………..
DEPONENT
Before me

…………………………………..………………….
COMMISSIONER FOR OATHS
Drawn and filed by;
Firm C3 & Co. Advocates.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF KAMPALA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS CAUSE NO. 001 OF 2023
11. ANGELINA MUTONI
12. KATONGOLE CELESTINO ……………………………………………………..………….
APPLICANT
VERSES
PATEL KUMAR……………………………………….………………………………………………..
RESPONDENT

SUMMARY OF EVIDENCE

The plaintiff shall adduce evidence and prove that the respondent has no justification for
maintaining the caveat in issue on the said title and has no claim over the said land, the Applicant
shall further adduce evidence to prove that this Application merits grounds for removal of the
said caveat.

List of Witnesses
1. The Applicants
2. Others with leave of Court
List of Documents
1. The purchase agreement
2. Any other with the leave of court

List of Authorities
1. The 1995 Constitution of the Republic of Uganda
2. The Contracts Act, 2010
 3. The Registration of Titles Act, Cap 159
4. The Civil Procedure Act Cap 71
5. The Civil Procedure Rules SI 71-1
6. The Judicature Act Cap 16
7. The Advocates Act, Cap
8. Case Law
9. Others with leave of Court
Dated at Kampala this_6th _day of_Novemebr__2023

_________________ ______________
(Advocates for the Applicant)

Drawn and Filed by;

Firm c3 & co. Advocates