Abuneri Gambe

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN

AT MBALE
CIVIL LAND SUIT NO.25 OF 2024
1. MUGALANZI IVAN
2. OPOLOT DERRICK
3. NANKOMA BRENDA
4. SSEKENYE BARBARA
5. KITAKA EUNICE
6. TINO CHRISTINA
7. NAKIRYA
HARRIET ::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFFS
VERSUS
1. BICHO CHRISTOPHER
2. NACHOMO JANE
3. MONKOLE ERIA
4. OPOLOT NOAH
5. OYUNAI
DANIEL::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANTS
WITNESS STAMENT OF THE DEFENDANTS’ WITNESS NO.1
I, GAMBE ABUNERI of C/o M/S Nappa Co. Advocates, plot 42B,

Masaba Avenue, P.O Box 311018 Mbale do solemnly swear and state
as follows: -
PARTICULARS
Name: Gambe Abuneri

Age: 57 years
Religion: Christian
Occupation: Peasant
Residence: Omesura village, Nagule parish, Kamuge Sub-county,
Pallisa District.
1. That I know the plaintiffs as children of my paternal uncle the late

Micah Kamya and my cousins.
2. That I very well know the suit land, I have known it since I was a clan
head of the. It is situated at Omesura village, Nagule parish, Kamuge
Sub-county, Pallisa District measuring approximately 15 acres.
3. The suit land formerly belonged to the Estate of the late Bicho Elisama
which he acquired a share from his late father and its currently
bordered by Monkoli Paulo in the West, Nanyoka Henry in the East,
Esero and Kasaka in the North and Kijimi Robert in the south
4. That plaintiffs’ father the late Micah Kamya and my father the late
Bicho Elisama were children of the late Sulimani Poloto (my clan
paternal uncle) who passed on in 1980 leaving being land among other
properties.
5. That prior to his death, he had distributed his land amongst his
children and each got their own share respectively and settled thereon
with their respective families until their death in 2015 and 2023
respectively.
6. That Bicho Elisama was given the suit land where he settled and took
possession, established his home and gave birth to their children and
continued to live on the suit land to date upon Bicho’s demise in 2015.
7. That the plaintiffs’ late father was equally given land 2 kilometers away
from the suit land where he established his home and the plaintiffs are
currently occupying their late fathers’ share.
8. That ever since I assumed office as the clan head, I have never
received any complaint from the plaintiffs or their father about the suit
land thus no conflict until 2024 when this suit was filed.
9. That the prior to the death of Bicho Erisama, he distributed his land
amongst his children and each took immediate possession of their
respective shares and continued to utilize the suit land for cultivation
of seasonal crops like cassava, ground nuts, millet, maize and rice to
date without any disturbance from the plaintiffs or their late father.
10. That in fact, sometime in 2012 and 2013, we buried two children
of the late Bicho Elisama on the suit land i.e. Asekenye Asanansi and
Yolamu Mbulambago when the plaintiffs’ late father was still alive but
did not ever resist because he well knew the land belonged to my late
father.
11. That in 2000, the late Bicho Elisama distributed his land amongst
his children in the presence of some of the children of the late Micah
Kamya i.e. Masyale Patrick, Kamya Elusania among others which land I
immediately took possession by cultivating seasonal crops without any
interruption from anybody.
12. That neither the plaintiffs’ late father nor the plaintiffs
themselves have at any one time been possession or utilized the suit
land.
13. That it was until the plaintiffs’ late father’s death in 2023 that the
plaintiffs started laying unprecedented false claims on the suit land.
14. That early this year in January 2023, the 1st defendant sold part
of his share to the 5th Defendant and I witnessed the said sale.
15. That the family of Monkoli Paulo just handed over the burial
grounds to the plaintiffs yet the same belongs to the families and
children of the late Sulaimani Poloto but not the plaintiffs
16. That I make this statement confirming to this Honorable court

that the suit land formerly belonged to the Estate of the late Bicho
Erisama who distributed it amongst his children and wife who are
currently in possession and the same belongs to us.
17. That whatever I have stated herein above is true and correct to
the best of my knowledge and belief.
SWORN at Mbale by the said

GAMBE ABUNERI
…………………...
WITNESS
This...………….day of………………………2024
DRAWN & FILED BY:-

M/S Nappa & Co. Advocates,
P.O. Box 311018, Mbale
Plot 42B, Masaba Avenue,
Tel. 0772971992 / 0702915510
Email. Geoffreynappa92@gamail.com

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN

WITNESS STAMENT OF THE DEFENDANTS’ WITNESS NO.1

I, GAMBE ABUNERI of C/o M/S Nappa Co. Advocates, plot 42B,

Name: Gambe Abuneri

1. That I know the plaintiffs as children of my paternal uncle the late

16. That I make this statement confirming to this Honorable court

SWORN at Mbale by the said

DRAWN & FILED BY:-

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