THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUBENDE
CIVIL SUIT NO. 23 OF 2024
MUKALAZI KENNETH………………………………………………………PLAINTIFF
vs
1. SOLOMON NFUNILAMUWA
2. THE COMMISSIONER LAND REGISTRATION: ………………………….
DEFENDANTS
THE PLAINTIFF’S WITNESS STATEMENT
MUKALAZI KENNETH, c/o Muhumuza and Company Advocates, Plot 98 Kampala Road,
Uganda House, 3rd Floor, Office No 2.3 P. O Box 1278 Kampala (U), do solemnly make oath
and hereby state as follows.
1. That I am a male adult of sound mind and the plaintiff in this case in which capacity I
make this statement.
2. That the Plaintiff entered on to the land situate at Singo Block 34 plot 3 Kajjoji village,
Mityana District, measuring approximately 60 acres as a sub lessee, on the 2nd
November 1987 vlde Instrument No. 4394. (Photocopies of the titles are hereto attached
and marked as Annexure B2).
3. That M/S Amos Matovu, Moses Sebowa and Henry Kintu were issued with Ownership
Certificate of Title on the said land Singo Block 34 plot 3 Kajjoji village, Mityana
District, measuring approximately 60 acres as lessees on the 24th November 1970 vide
Instrument MIT34628. (Photocopies of the titles are hereto attached and marked as
Annexure B1)
4. That the Late Yokana Nfunilamuwa was the registered proprietor of land situate at Singo
Block 34 plot 3 Kajjoji village, Mityana District, measuring approximately 60 acres. He
tells you that in the year 1976 he become registered on the certificate of title.
5. That the plaintiff bought the interest of M/S Amos Matovu, Moses Sebowa and Henry
Kintu in the running lease of 49 years and has been in quiet possession till after the lapse
of the lease.
6. That around September 2005 the Plaintiff sent Kasibante Leo the Manger of the suit
property with Matovu Erukana and the 1st Defendant to a one Tendo Musoke with a
humble request to allow him pay for reversionary Interest In the suit land.
7. That specifically the 1st Defendant and Matovu Erukana engaged Tendo Musoke in the
negotiations, in the presence of the Plaintiff’s agent Mr. Lubowa James and afterwards
Tendo Musoke accepted the pleasantries and a Kanzu sent to him by the Plaintiff and in
turn told the delegation that the Plaintiff had to pay a fine of Ug. Shs. 1.500,000/- (One
million five hundred) for having taken a long time without checking on Tendo Musoke.
8. That the Plaintiff on receiving the news he accepted to pay the fine and indeed gave it to
his agent and in the company of the 1st Defendant and Matovu Erukana, took the money,
handed it to Tendo James the presence of his granddaughter a one Namusoke Mary
Tereza and It was thereafter that Tendo Musoke It was thereafter that Tendo Musoke
accepted the Plaintiff to buy the reversionary Interest of Mailo in the suit land described
at a consideration of Ug. Shs. 16.500.000/- (Sixteen million five hundred).
9. That while the first payment of Ug. Shs. 1 .500.000 had no written Agreement BUT on
understanding that Tendo Matovu had accepted that the Plaintiff buys the reversionary
Interest of Mailo in the suit land on the 21st December 2005, a formal Agreement was
reached between the Plaintiff and Tendo Musoke which was duly witnessed. {A
photocopy of the Agreement /s hereto attached and marked as Annexure marked “C”)
10. That 1st Defendant acquiesced with the late Tendo Matovu to sell the reversionary
Interest of the Plaintiff in the suit land.
11. That it is Just and equitable that the orders and remedies sought be granted to which I
make the witness statement.
12. That the facts stated in this witness statement are the whole truth and nothing but the truth
to the best of my knowledge and belief.
SWORN AT MITYANA this 13th day of January, 2024
………………ivy………...
MUKALAZI KENNETH
Drawn and Filed by:
Muhumuza and Company Advocates,
Plot 98 Kampala Road,
Uganda House,
3rd Floor, Office No 2.3
P.O Box 1278 Kampala (U).
