THE REPUBLIC OF UGANDA

lN THE HIGH COURT OF UGANDA AT K/AtrPALA

(LA|{DDM$ON)
T]SCELLAilEOUS APPLICATION t{0. 3ff OF 2A24

6R$ilG FROir ilSCELLANEOUS APPUCATION NO. 1782 OF 2023)

(ARISTNG OUT 0F CIVIL SlflT NO. 527 OF Ni21l

THEMISEBALU NAKIBUUKA APPLICANT

VERSUS

LEPE ELECTRICAL LIMITED RESPONDENT

AFFIDAVIT IN REPLY

l, Ll TIANEN of M/S Nansubuga, Awelo & Co. Advocates Plot 4 Johnson Street London
Chamb€rs, 1st Floor Lon<lon Chambers Building Suite 111, Kampda P.O Box 229,
Kampala do solemnly make oaths and state as follows; -

1. That I am a male dult of sound mind, a dilEctor of he ]espondents company and

hence mmpetent to depone this afftdavit in reply. A copy of cwnpany Fonn m
isierc(o aflrdred aN nrrad as ennextn'A'.

2. THAT I with tlp tre respondent's advocates M/s Nansubuga, Auelo & CO
help of
advocates haIe ead and undersbod he conbnB of fie appllcant's applicatbn
together with its companying afiidavit in support and I find the same full 0f
falsehmds.

3. THAT I have been infonned by my abresaid dvocates which information I verily

belhve to be tue hat they shall rise preliminary obleclions regading fie
applicants applicatbn on ground hat tte application before court is incompetent
full of falsehoods, amounts h abuse of pmess and a result of an after sought
since; -

a) The deponent to fie he application a on€ Mulondo lvan

afildavit in suppo( ol
does not have locus standi to depone the afiila/it in support of the application
before court. He has never appeared in court or athched prota hd he indeed
 Works wifi the applicants advocdes to the affidavit in support of his applicatbn
and/or pror/ed that he ls an adrccab engaged in this matbr.

b) On t1e 31st day 0f Ochber, N23, the applbant herself told court that she had
givon her counsel a one Mulindrva Allar all the money subj€cl to fie consent
order in respect of HCCS NO. 527 ol2021b pass over h the respondent and
was shocked to find that fie sald courBel hd not r€rnltted the money to fie
respondent.

c) Ttn applicaton was served on the respondent's dvocabs outslde trne wi0rout
leave of court.

d) The Order vide M.A 1782 ot fr23 arising fDm Civil Suit No. 527 ot N21was
entered in tle presence of ounsel for botr partbs on 12th December, 2023.

e) lf the applicant was deslmus of appealing 4ain$ fie order, he rculd not walt
to be sened by fie safip.

0 The applicant has substantially complied with fie @nsont order and has since
paid rnore than hail 0f the decretd sum.

g) This applicalion is intended to uvasb courfs tirne, contribute to bactlog and

frustrate the respondent fom reading full paynpnt.

4, THAT without prejudice to paragnaph 3 abow, I tafie note of fie contents 1 & 8 of
the atridavit in supprt of the application, stating that there was no any jdgement
or suit known as civil suit No. 527 of 202 as stated urder panagraph 8 of tp afUavit
in support.

5. THAT fie contenb of panagraphs 2, 3, & 9 of the applicanfs affdavit in support of

the application is dmitted.

6. THAT
'rfien fie rospondent liled an application to e)ccute 0rc consent ftcree ln
HCCS No. 527 ol N21, the applicant uent ahead to pay the decretal sum uell
auvam fiat fte alleged suit popefty had not been sold,

7. THAT the allegations contained in paragraph 4 of the afiidavit in supprt of fie

application was rendered redundant ufrcn the applicant shrted paying tte decreta[
sum before the sale of the alleged suit property.
8. THAT the alleged caveat under paragraph 5 of the applicants affidavit was
Iemo'/€d in 2021 by the responGnt. Tk applicant deliberately decided not to
showwillitpness to pay the decrehl sum since 2021 and/or take a step in disposing
of flp said property.

9. THAT the adr/ocats Bfefled b

under paragraph 10 of the affidavit in support o,
ttp application ought to hare conducted the applicant wfien the oder was issued
on 12h December, 2023 giving timelines wihin which to pay he outstanding
bdaEe and not when the order was served onh tlE applicants advocates

1o.THAT tfE contents of paragraph 11 of the applicant's atfidavit in support of he

appllcatbn is entirely false. The sarne is not bcked up by evidence.

11.THAT frle application was issued by court on the 14th day of March 2024 atd
served on fie rcspondent's advocabs on 1lfi April, fr24, dtlr 28 days fmm tho
date of is$e.

12. THAT I have be€n advised by the Bspondents dwcates, wlric{r dvice I verily
believe h be true that -

a) On the 1fri day of December, 2023, it was the applic4rt's courEel who
requested for nlore Urne up h February, 2024 to enable the applicant clear
ttp ouBhnding balance, the basis of which ttp leamed Registra passed
the order attached to he applicant's affidavit marked as annexure "D'.

b) The application was serued after $e expiry of the tims dlonrd by law
without leave of couil.

c) Ttp appllcants applicalion br leave to appeal does not have merit d all.
The contenb of paragnaph 12 of he aftlavit in support of the application
are tdss.

d) The applicant has not demonstrated ftd she has any arguable gmund of
appeal which worthy grantirq his application by attachirg a copy 0f the
proposed ncrmrandum of appeal.

13. THAT even wtBn the applicanfs advocates got in touch wih the app$cant on 25th
January, 2024 as alleged under paragraph 9 of trc afiidavit in support of the
applicatim, the said advocates liled fie application on ISh February, 2024, ufiidr
24 days later.
 14. THAT he applicants application is baseless and is only airned at frustrating he
respondent from recovering her full money as &ceed by court in 2021 .

15. THAT it is in the inteest of .iustice that the applicants application is dismised with
cosE h the respondent.

WHATEVER is stated herein above is tue and conect h the best of my krnw,ledge and
belief saw for those paragraphs
'Jytpse
sources I
haa didosed.

SWORN at Kampala by

the said LITIANEN

r( ,2024 4r*rA^"'
tnis;*oayor DEPONENT

BEFORE fiIE

E SI It4

loc$t
..n\ \, :'o*
!
COttl
t
.a)..
4'rr_\ ,i 4 -

DRAW TI t
FII..ED 8Y
lS lLnrubqe, Awdo & Co. Adrccetc
London Ch.mb.q td fUor sldtr t{o. ttl
John S't d, K.mp.h
P.O 8or 228 KrtWh
 Flled Under 6LW
Q.,tqc,P
RocaiPt No:...'...--.....
Comp.ny Fotm 20

THE REPUBLIC OF REGIS

'ffi, t
l
\t1 rs
1\rA'
l^

THE GOTPAI{IEs E'll

ilONFrcATloN OF APPOII{TIENT OF DIRESTOR ellD\'
1

SECRETARYOF@TPA}IY :
. (U,t(#r.ffit le4qofAPAd). t$E ' c.
rrN90 sAN
Nam€ o, Company: ...8}-)9.e-.' .. . ..H.'S;#3. g+'s^-l-' J" " "

TO: THE REOBTRAR OF cOfPANtES.

TAIG ilOfE fi.t 0l. pon;U ecrirL'tttoec pcrtlcr{e't crr pro$dcd bclow hc/
hev€ b€fl appointcd as dirBdor/ dlr€d sectEtary of thc tbor'6 named company

with oftci fom the............ day th. ycr... ........ ... ...
f
(e) PARTICUIIRS OF DlREcToRs {NDMDI,ALS
ilrrtr (Fltrt -O.b-ot Barlrl Addma. ocq+rton OOrt
-X.tomflfy
x.m eira Utrcbcl{Pr
tumlr,
Altrrf
gorrCFI4 .r.).-(qcr l4q.<rc^r.& Lr\,{qA Sl.n a.-t
Lt g.\
--ir A ,L.'l,lrsl \,.AY'reaJA c-rt\{et& ^.r.+rl

PARIICUI.ARS OF CORPORATE DIRECTORS

EffiilorEan@lornoo- ffiEE-
(b) pARflCuuRsoFtr{E pERsoN(s) mto F'SEcRETARr
PARICUI4RS OF II{DIVIOUAL SECRETARY
llrmoe lfirrt narne and sumam€)' Re.lden0al .nd po.irl eddno
e t,len s.
'elq
g\_r )Z'q,;196r.14.,

'ctab any formrfird rnd sumrrEs

PARnCULARS OF OORPTOX^*TE SECRETARY
Gon orite l{amo Rsibb,rd Otnc.

Drtod fta da! ol lhG y€sr

slna, ......4.7-.b".....................
Dirrdor

Signcd:..........
t I.
Socr€tary
 THE REPUBLIC OF UGANDA

i 11{ THE HIGH COT'RT OF UGAIIDA AT

KATPALA (LAI{D D|VTSION)

HrscELLAt{EOt S APPLTCATTOil iro. 3r/ OF

2021
(AR|S|NG FRot ilSCEtrAitEoUS APPUCATToN lro. 1782OF
2023) (ARrSrilG OUT 0F CML SUIT NO. 527 OF m21l

THEIII SEBATU NAKIBUUI(A APPLICAilT

VERSUS

LEPE ELEGIRICAL Lfl]IED RESPONDENT

SUTIARY OF EVIOET{CE

Ttr mspondent shall adduce evidence before thb honoratrle court to prorrt that ths
apflicants' appli:ation is deroid of merit whereof, uc shall pray the sane be disrnissed with
costs.
LIST OF W]TNESSES

1. Thedeponent
2. The legal officer of the rcspondent Kato Brian Kizito
3. Any othu witr leare of court.

LST OF DOCUIENTS
'1. Alldocumeft dached to tfr ffiarit h redy.
2. Any other with leave of murt.
UST OF AI'THORMES
1. TheJudicatureAc{, Cap. 13
2. The CMI Prccedure Aci, Cgp. 71
3. Evidence Act, Cap. 6
4. CMI Pncedure Rules, Sl 71-1 (as anended)
5. ContractsAct 2010
6. C6e Lafl
7. Any other with leare of court.
Dded at Kampala tfris ...1*.... oay ot .. ,....m24

litt.itt-E Et EL,
fiblhiotulq AJo I Oo.ldn .a+
t* nooa,na tt t, Lottoo,t ctr-tt rr,
kaJomr.ttr(
P.O Eq 25?lr,
lhrd..
J