THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO.______ OF 2006
ARISING OUT OF COMPANIES CAUSE NO.27 OF 2004
SEREMBA MARK

APPLICANT

VERSUS
1.
2.
3.
4.

ISANGA EMMANUEL
MUWAYA WILLIAM
ISABIRYE STEPHEN
GREENVINE COLLEGE LIMITED

RESPONDENTS

NOTICE OF MOTION
(S.140(3) of the RTA S.98 of CPA and O.52 rr 1 & 2 of the CPR)

TAKE NOTICE that on the ________ day of _____________ 2006 at

_________ Oclock in the fore/after noon, Counsel for the Applicant shall be
heard for orders that:
(i)

The Commissioner of Land Registration delays the removal of

Caveat lodged by the Applicant on Certificate of Title comprised in
Block 120 Plots 124, 125 and 126 until the disposal of or until further
Orders in Companies Cause No.27 of 2004.

(ii)

Costs of this Application be paid by the Respondents.

The NOTICE OF MOTION is supported by the Affidavit of Seremba Mark

which shall be relied upon at the trial but the brief grounds are as follows:
1. Land comprised in the folio above is a major asset of the 4 th
Respondent.
2. The ownership of the 4th Respondent is the subject of companies Cause
No.27 of 2004, between the parties hereto which is pending judgment in
this Court.
3. The Respondents have previously acted in regard to the land in a
manner that would be prejudicial to the Applicant but for the caveat.
4. That if the Caveat is removed, Companies Cause No.27 of 2005 may
be rendered nugatory as the only asset of the 4th Respondent may be
disposed of.

Dated at Kampala this _________ day of ____________________ 2006.

_______________________________
COUNSEL FOR THE APPLICANT
GIVEN under my Hand and Seal of Court this ______ day of _____________
2006.

______________________________
REGISTRAR COMMERCIAL COURT

DRAWN AND FILED BY:

SEBALU & LULE ADVOCATES
P.O. BOX 2255,
KAMPALA
JBL/rnk53

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO.______ OF 2006
ARISING OUT OF COMPANIES CAUSE NO.27 OF 2004

SEREMBA MARK

APPLICANT

VERSUS

1.
2.
3.
4.

ISANGA EMMANUEL
MUWAYA WILLIAM
ISABIRYE STEPHEN
GREENVINE COLLEGE LIMITED

RESPONDENTS

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I, SEREMBA MARK of c/o Sebalu & Lule Advocates and Legal Consultants, EADB
Building, Plot 4 Nile Avenue, P.O. Box 2255 Kampala, do take oath and state as
hereunder:
1.

That I am an adult male of sound mind and the Applicant herein as well as
the Applicant in Companies Cause No.27 of 2004, Seremba Mark vsIsanga Emmanuel and 3 others. I depone to matters hereto in that
capacity.

2.

That the 4th Respondent is the registered proprietor of land known as

Block 120 Plots 124, 125 and 126 land situate at Bugerere (hereinafter
called land).

3.

That I lodged a Caveat on the certificate of title for land after learning
from the land office of Mukono of prejudicial acts to me in respect to the
land that were being committed by the 1st Respondent, these included:
a) an attempt to register the land in his names only, when it had been
jointly purchased and a joint transfer form signed on 5 th December
1998. Copy of the transfer form is marked A.
b) an attempt to register the proprietorship of the land in the 4 th
Respondent using a transfer form other than the one that had been
signed by both of us on 5th December 1998 upon completion of the
consideration copy of the altered transfer form is attached marked B.
c) Mortgaging one of the plots to a Microfinance Institution and purporting
to affix my signature on a Loan Agreement many days after I had left
the administration of the school. Copy of letter to mortgage and Loan
Agreement are attached and marked C and D respectively.

4.

That Companies Cause No.27 of 2004 seeks for declarations of

ownership of the 4th Respondent and the same is pending judgment in this
Honourable Court.

5.

That the above notwithstanding, the 1 st and 4th Respondent have lodged
an application with the Commissioner of Land Registration seeking to
remove the Caveat and the Commissioner of Land Registration is
prepared to remove the Caveat by the 25 th July 2006 unless this Court
directs otherwise.
Copy of the Application and Notice from the
Commissioner of Land Registration are attached and marked E and F
respectively.

6.

That unless the removal of the caveat is delayed, the Respondents may
dispose of the land to my prejudice and Companies Cause 27 of 2004 will
be rendered nugatory.

7.

That I undertake to compensate any person for any damage caused by

reason of delay in disposing of the land.

8.

That the Applicant has filed Miscellaneous Application No._________ of

2006 which is pending hearing in this Court.

9.

That it is in the interest of justice that the removal of caveat be delayed

pending the determination of the Miscellaneous Application No.______ of
2006 or any further Orders that this Honourable court may make in
relation thereto.

SWORN at Kampala by the said

]
SEREMBA MARK
] ____________________
this ________ day of ____________ 2006 ]
DEPONENT
BEFORE ME:

______________________________
A COMMISSIONER FOR OATHS
DRAWN AND FILED BY:
SEBALU & LULE ADVOCATES
EADB BUILDING
PLOT 4 NILE AVENUE
P.O. BOX 2255
KAMPALA
JBL/rnk53