TASK A & B

ISSSUE 2. What is the most pertinent document.?

(a) Variation Deed.

THE REPUBLIC OF UGANDA.

IN THE MATTER OF THE LAND ACT CAP 236

IN THE MATTER OF THE LEASE HOLD REGISTER COMRISED AT LAND

PLOT 12, BLOCK 32, COUNTY SIAGO, DISTRICT KYANKWANZI.

DEED OF VARIATION

THIS DEED OF VARIATION is made this __27th _ day of November, 2024, by and between:

1. KYANKWANZI DISTRICT LAND BOARD, a body incorporated under the land Act with
its registered address at _KYANKWANZI_ (hereinafter referred to as the "lessor," which
expression shall, where the context so admits, include its successors and assigns),
AND
2. SMART INVESTMENTS LIMITED, a Ugandan adult male of sound mind, residing at
_SINGO COUNTY, KYANKWANZI DISTRICT_________ (hereinafter referred to as the
"Sublessee," which expression shall, where the context so admits, include his successors and
assigns).

WHEREAS:

1. The lessor and the lessee entered into a Sublease Agreement dated the __25th_ day of
__November___, 2024, relating to the property comprised in Leasehold Register Volume
MIT 6 Folio 10 Plot 12, Block 32, County Siago, District Kyankwanzi, measuring
approximately 133.6980 Hectares (hereinafter referred to as the "Premises").
2. The Sublease Agreement initially restricted the use of the Premises to commercial
purposes only.
3. The parties have mutually agreed to vary the Sublease Agreement to allow for the
Premises to be used for both commercial and industrial purposes.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. Variation of User Clause

The clause in the Sublease Agreement restricting the use of the Premises to commercial purposes
only is hereby varied to permit the use of the Premises for both commercial and industrial
purposes.
2. Ratification of the Sublease Agreement

All other terms and conditions of the Sublease Agreement dated _25th__ day of November_,
2024, remain valid, binding, and enforceable, save for the variation expressly stated in this Deed.

IN WITNESS WHEREOF, the parties have executed this Deed of Variation as of

the date first above written.

Dated this........27th...........day of November 2024.

Signed by the lessor:

KYANKWANZI DISTRICT LAND BOARD

Name: ____AGABA CHARLES________________________
Signature: ____agaba charles_____________________
Title: ___Chairman___________________

In presence of

Signed by the lessee:

Name: OWAMANI BENSON
Signature: __Owamani Benson______

In presence of COUNSEL OTIM BERNARD

Drawn and Filed by:

E.1 AND COMPANY ADVOCATES

THE PRISM BUILDING
PLOT 71 KAMPALA ROAD
P.O BOX 33921
KAMPALA.
E.1 AND COMPANY ADVOCATES,

THE PRISM BUILDING,

PLOT 71 KAMPALA ROAD,
P.O BOX 33921,

KAMPALA.

25th November, 2024

Our ref: E1/001/BA/2024
TO:
MANAGING DIRECTOR
BETAFRICA LIMITED
PLOT 12 BLOCK 32
SINGO
KAGALI-KYANKWANZI.

Dear Sir,

RE: NOTICE OF INTENTION TO SUE

We act for Mr. Owamani Benson, our Client who claims that;

That you are in default of your annual rent payment of USD4000 payable in

two equal installments in advance.

He is aggrieved by the fact that despite several reminders you have

neglected to pay the said sum which acts amount to breach of your Tenancy

Agreement.

TAKE NOTICE that you have been given a period of 14 days from today to

act upon the claims and upon such failure, we shall proceed to file the

matter in courts of law, without further notice.

Yours sincerely,

………………………………………………….

Atwiine Ronald

(For: E1 & Company Advocates)

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF KYANKWANZI AT

KYANKWANZI

CIVIL SUIT NO……..OF 2024

OWAMANI BENSON::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

BETAFRICA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT

PLAINT UNDER SUMMARY PROCEDURE (ORDER 36 CPR)

1. The plaintiff is a male adult Ugandan of sound mind, a business man, a

resident of Singo County, Kyankwanzi District whose address for

purposes of this suit shall be c/o M/S E1 and Company Advocates,

The Prism Building, Plot 71 Kampala Road, and P.O Box 33921

Kampala.
2. The defendant is a sport betting company with capacity to sue and be

sued in its corporate name and the plaintiff’s advocates undertake to

effect service of court process upon her.

3. The Plaintiff’s cause of action against the defendant is for recovery of

UGX: 14,600,000/= arising out of breach of a tenancy agreement.

4. The facts leading to this cause of action arose as hereunder;

(a) That on the 20th day of November, 2023, the Plaintiff lawfully

acquired a sublease in respect of land comprised in plot 12 block 32

Singo, Kyankwanzi from Smart Investments Limited. (A certified

copy of the leasehold certificate of registration is hereto

attached and marked “A”)

(b)That the property is fully developed with a storied commercial

building and fully occupied by various tenants including the

defendant who occupies the first floor. (A certified copy of the

defendant’s tenancy agreement is hereto attached and

marked “B”)

(c) That according to the tenancy agreement, the defendant is

supposed to pay USD4000 annually payable in two equal

installments in advance.

(d)That the rent became payable on the 20th day of November, 2024

and the defendant has since neglected to pay the same despite

several demands by the plaintiff. (Copies of email

correspondences between the plaintiff and the defendant’s

 Managing Director, Mr. Tumwiine Robert are hereto

attached and marked “C”)

5. That due to the matters aforesaid, the Plaintiff has suffered

tremendous loss.

6. That the Plaintiff shall aver and contend that the defendant has

absolutely no defense to this suit.

7. That a notice of intention to sue was duly communicated to the

defendant and ignored.

8. That the cause of action arose at Singo which is within the jurisdiction

of this Honorable court.

WHEREFORE the Plaintiff prays for judgment against the defendant for;

(a) Recovery of UGX: 14,600,000/=

(b)Mesne Profits

(c) Costs of the Suit

Dated at Kyankwanzi this 25th day of November 2024

…………………………………………………………..

E1 & COMPANY ADVOCATES

(COUNSEL FOR THE PLAINTIFF)

Drawn and Filed by:

E.1 AND COMPANY ADVOCATES

THE PRISM BUILDING
PLOT 71 KAMPALA ROAD
P.O BOX 33921
KAMPALA.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF KYANKWANZI AT

KYANKWANZI

CIVIL SUIT NO……..OF 2024

OWAMANI BENSON:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

BETAFRICA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT

AFFIDAVIT VERIFYING PLAINT

I, OWAMANI BENSON, of C/O M/S E1 & Company Advocates, The Prism

Building, Plot 71 Kampala Road, and P.O BOX 33921 Kampala do solemnly

swear and state as hereunder.

1. That I am a male adult Ugandan of sound mind a business man,

resident of Singo county in Kyankwanzi District, the plaintiff in this

matter well conversant with the facts of this case and I swear this

affidavit in that capacity.

2. That on the 5th day of November 2023, I lawfully acquired a sublease

interest in respect of land comprised in Plot 12 Block 32 land at Singo

in Kyankwanzi District from SMART INVESTMENTS LIMITED (“The

Lessee”) ( A certified copy of the leasehold certificate of

Registration is hereto attached and marked “A”

3. That by the time I acquired this property, it was fully developed with a

storied commercial building occupied by several tenants including the

Defendant which occupies the first floor.

4. That after legally acquiring the premises I retained the several tenants

on the property and renewed their respective tenancy agreements to

reflect the changes in property ownership. (A Copy of the

Defendant’s Tenancy Agreement is hereto attached and

marked “B”)

5. That according to the Tenancy agreement of the Defendant, the

Defendant is supposed to pay rent of USD4000 annually payable in two

equal installments in advance. (A certified copy of the Tenancy

agreement is hereto attached and marked “C”)

6. That the said rent became due on the 5th day of November 2024 and

the Defendant has neglected to pay the same to the Plaintiff despite

several reminders.

7. That due to the Defendant’s actions, I have been subjected to

tremendous economic loss.

8. That I verily believe that the defendant has no defense to the claim
 9. That I have been advised by my lawyers of M/S E1 & Company

Advocates whose advice I verily believe to be true that this court is

clothed with jurisdiction to grant the remedies sought.

10. That I swear this affidavit to verify the contents of the plaint in

summary suit as true and state that what I do state herein is true and

correct to the best of my knowledge except the contents of paragraph

9 whose source I have expressed disclosed.

Sworn by the said

OWAMANI BENSON ...…

Benson………

(DEPONENT)

At Kyankwanzi this 25th day of November, 2024

BEFORE ME

………………………………………………………

(COMMISSIONER FOR OATHS)

Drawn and Filed by:

E.1 AND COMPANY ADVOCATES

THE PRISM BUILDING
PLOT 71 KAMPALA ROAD
P.O BOX 33921
KAMPALA.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF KYANKWANZI AT

KYANKWANZI

CIVIL SUIT NO……..OF 2024

OWAMANI BENSON::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

BETAFRICA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall adduce evidence to this Honorable Court to prove that the

Defendant is truly and justly indebted to him to a total of UGX: 14,600,000/=

LIST OF WITNESSES

1. The Plaintiff

2. Others with leave of Court

LIST OF DOCUMENTS

1. The Lease hold Certificate of Title

2. The Tenancy Agreement

3. Others with Leave of Court

LIST OF AUTHORITIES

1. The 1995 Constitution of the Republic of Uganda

2. The Land Act CAP 236

3. The Land Regulations 2004

4. The Registration of Titles Act CAP 240

5. The Land Lord and Tenant Act CAP 238

6. The Civil Procedure Act CAP 282

7. The Civil Procedure Rules S.I 71-1

8. The Evidence Act Cap. 8

9. Applicable Case Law

10. Others with leave of court.

Dated at Kyankwanzi this 25th day of November 2024.

Drawn and Filed by:

E.1 AND COMPANY ADVOCATES

THE PRISM BUILDING
PLOT 71 KAMPALA ROAD
P.O BOX 33921
KAMPALA.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF KYANKWANZI AT

KYANKWANZI
 CIVIL SUIT NO……..OF 2024

OWAMANI BENSON::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

BETAFRICA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT

SUMMONS IN SUMMARY SUIT ON PLAINT

TO:
BETAFRICA COMPANY LIMITED.

WHEREAS the above Plaintiff has instituted a suit against you under order
XXXVI rule 2(b) of the Civil Procedure Rules upon the claim set out in the
copy of the plaint with annexure attached hereto;

YOU ARE HEREBY REQUIRED within 10 days from the service hereof to
apply for leave from court to appear and defend this suit.

SHOULD YOU FAIL within the period of 10 days from the service hereof to
apply for such leave, the Plaintiff will be entitled to obtain a decree for the
amount in the plaint together the sum of the money to be taxed by court for
costs.
Application for leave to appear and defend this suit shall be made by filing in
court an application to the effect supported by the affidavit (a copy whereof
shall be supplied to you for service showing that you should be allowed to
appear in the suit)

The day for the hearing of the application will be at the time when the same
if filed.

GIVEN under my hand and seal of this court this ……….day of

……………..20…..
 …….……………………………………….
CHIEF MAGISTRATE
THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF KYANKWANZI AT

KYANKWANZI

CIVIL SUIT NO……..OF 2024

OWAMANI BENSON:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PLAINTIFF

VERSUS

BETAFRICA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

DEFENDANT

AFFIDAVIT OF SERVICE

1. I, OSBERT BAMWIINE C/O M/S E1 & Company Advocates, The Prism

Building, Plot 71 Kampala Road, P.O Box 33921, Kampala do solemnly

swear and state as follows;

2. That I am an adult of sound mind, a duly authorized court process

server of M/S E1 & Company Advocates well conversant with the

circumstances under which court process was served in this matter

and I make this affidavit in that capacity. (A copy of my process

server certificate is hereto attached and marked “A”)

3. That on the 25th day of November, 2024 counsel in personal conduct of

this matter gave me the Plaint and the summons to serve them upon

the defendant.

4. That on the same day, I proceeded to the Defendant’s address on Plot

12 Block 32 Kagali-Kyankwanzi Estate well known to me because of my

previous visits.

5. That upon arrival, I was subjected to a security check at the reception

and I inquired from the security guard about the office of the managing

director.

6. That the security guard directed me to the first floor of the building,

upon reaching there, I found a lady who identified herself to me as

Moreen Twikirize, the secretary to the managing director.

7. That I introduced myself to her and informed her purpose of my visit, I

then handed over the documents to her and she offered me a seat as

she consulted her boss.

8. That after consulting her boss, she received the documents by

stamping and signing on the plaint and the summons. (A copy of the

received summons is hereto attached and marked “B”)

9. That I later thanked her for her co-operation and I left the premises.

10. That I swear this as proof of service of the Plaint and the

summons on summary suit to the defendant

11. That whatever I have stated herein is true and correct to the best

of my knowledge and belief.

SWORN IN BY THE SAID;

OSBERT BAMWIINE ……

Osbert…………

DEPONENT)

On this…. 25……… day of …...November………. 2024

BEFORE ME

……………………………………………

(COMMISSIONER FOR OATHS

Drawn And Filed By:

E.1 And Company Advocates

The Prism Building
Plot 71 Kampala Road
P.O Box 33921
Kampala.

TASK D

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MITYANA
MISCELLANEOUS CAUSE NO.…..OF 2024
 OWAMANI
BENSON ::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
SMART INVESTMENTS LTD::::::::::::::::::::::RESPONDENTS
NOTICE OF MOTION
(Under Section 25 of the Judicature Act, Section 98 of the CPA and
Order 52 Rules 1 and 3 of the Civil Procedure Rules S.I 71-1)
TAKE NOTICE that this Honourable Court will be moved on the 27 th day of
November 2024 at 11:00 am O’clock in the fore/afternoon or soon thereafter
as Counsel for the Applicant can be heard on behalf of the Applicant, for
orders that;
I. The Applicant be granted relief from re-entry and forfeiture by the
Respondent for non-payment of rent pursuant to Section 25 of the
Judicature Act.
II. The Court sets aside any re-entry or forfeiture steps taken by the
Respondent due to the Applicant's non-payment of rent.
III. The Applicant be allowed to resume possession and occupancy of the
premises known as Kagali-Kyankwanzi Estate.
IV. Any other or further orders that this Honourable Court deems fit and
just.
V. That the costs of this Application be provided for and the
same be in cause.

TAKE FURTHER NOTICE that the grounds upon which this application is
premised are set out in the attached Affidavit of Mr. Owamani Benson the
Applicant herein, which shall be read and relied on at the hearing of the
application, but briefly they are:
1. THAT the Applicant is a lessee of the Respondent for the premises
known as Kagali-Kyankwanzi Estate.

2. That the Applicant has fully paid the premium rent as stipulated in
the tenancy agreement, and also cleared rental arrears for the
previous years.

3. THAT due to unforeseen financial difficulties in the year 2023-2024,

the Applicant was unable to pay rent on time.
4. THAT the Respondent is preparing to re-enter and taken
possession of the premises and is threatening forfeiture of the
tenancy.
 5. THAT the Applicant is now able to pay the outstanding debt and is
willing to settle all his arrears promptly.
6. THAT the Applicant seeks relief from this Honourable Court to avoid
undue hardship and loss of business.
7. THAT the application is made under Section 25 of the Judicature
Act, which provides for relief from re-entry and forfeiture for non-
payment of rent.
8. THAT allowing the Applicant settle the outstanding rent will not
result in any harm or prejudice to the Respondent.
9. THAT it is just and equitable that the Applicant be granted this
relief.

WHEREFORE, the Applicant respectfully prays that this Honourable Court

grants relief from re-entry and forfeiture of by the Respondent, and for any
other consequential orders that this Honourable Court may deem fit to make
in the interest of justice.
DATED at Kampala this _______________ day of _______________2023.

……………………………………………………
COUNSEL FOR THE APPLICANT
Given under my hand and seal of this Honourable Court
this………..day of ……………..2024.

………………………………………………….
DEPUTY REGISTRAR
Drawn and Filled by:
M/S E1 & Co Advocates,
Plot 71 Kampala Road Prism Building,
2nd Floor,
P.O Box 33921,
Kampala

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MITYANA
MISCELLANEOUS CAUSE NO.…..OF 2024
OWAMANI
BENSON ::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
SMART INVESTMENTS LTD::::::::::::::::::::::RESPONDENT
 AFIDAVIT IN SUPPORT.

1. I, Owamani Benson, of Singo County, Kyankwanzi District do hereby

solemnly swear and state as follows:

2. That I am an adult male citizen, of sound mind and the Applicant

herein and swear this affidavit in that capacity.

3. That I am a tenant of the Respondent for the premises known as

Kagali-Kyankwanzi Estate (A copy of the Sub-lease Agreement is
hereto attached and marked Annexure “A”).

4. That I have fully paid the premium rent as stipulated in the tenancy
agreement, and also cleared rental arrears for the previous years of
2022-2023 and 2023-2024 (A copy of a Bank statement showing
the transfer of funds to the landlords account is hereto
attached and marked Annexure “B”).

5. That due to unforeseen financial difficulties in the year 2023-2024, I

was unable to pay the rent.

6. That the Respondent is preparing to re-enter and taken possession of

the premises and is threatening forfeiture of the tenancy (A copy of
the notice for re-entry and forfeiture of tenancy by the
Respondent is hereto attached and marked as Annexure “C”).

7. That I am now able to pay the outstanding debt and I am willing to

settle all arrears promptly.

8. That am informed by my lawyers which information I verily believe to

be true that the relief from re-entry and forfeiture is provided under
Section 25 of the Judicature Act to avoid undue hardship and loss of
business.

9. I have made efforts to resolve the issue of non- payment with the
Respondent on several occasions, including (A copy of email
correspondences is hereto attached and marked Annexure
“A”).

10. That allowing me settle this outstanding rent will not result in
any harm or prejudice to the Respondent.

11. That granting this application is just and equitable and will allow
me to continue my business at the premises without further disruption.
 12. That all the facts and information deposed herein are from both
my personal knowledge and my lawyers and I present them to Court
consciously knowing them to be true save for the contents based on
the information from my lawyers which I believe to be true

SWORN at Kampala by the said OWOMUGISHA BENSON

on this ______ day of _______________ 2024

_____________________________
DEPONENT

BEFORE ME

________________________________
A COMMISSIONER FOR OATHS

Drawn and Filled by:

M/S E1 & Co Advocates,
Plot 71 Kampala Road Prism Building,
2nd Floor,
P.O Box 33921,
Kampala.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MITYANA
MISCELLANEOUS CAUSE NO.…..OF 2024
OWAMANI
BENSON ::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
SMART INVESTMENTS LTD::::::::::::::::::::::RESPONDENTS
SUMMARY OF EVIDENCE
The Applicant shall adduce evidence to show that if this
application is not granted, he would suffer irreparably.
LIST OF WITNESSES
1. Owamani Benson.
2. Others with leave of court
LIST OF DOCUMENTS
1. Annextures
2. Others with leave of Court.
LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda, 1995 as
amended.
2. The Civil Proceedings Act Cap 71 & Rules thereunder.
3. The Evidence Act Cap 6
4. Land Act Cap 236
5. Judicature Act. Cap 16
6. Land Lord And Tenant Act Cap 238
7. Case law may be relied upon at the hearing
8. Others with leave of Court.
Dated at Mbarara this …… day of ………….., 2024.

…………………………………………………..
COUNSEL FOR THE APPLICANT
TASK E & F
1. Letter to the Minister of Works and Transport

E1 Company Advocates
Plot 1 Kagugube
P.O. Box 234,
Phone: 0392 411 234
 Kampala, Uganda
25 November, 2024
th

The Honourable Minister of Works and Transport,

Ministry of Works and Transport,
Off Jinja Road/ Old Port Bell Rd,
P.O. Box 10, Entebbe
Kampala, Uganda
Phone: +256 256414320101/9
Email: mowt@works.go.ug
Re: Application for Access Road Under the Roads Act – Wakiso Block
321 Plot 164, Busaku
Dear Honourable Minister,
Introduction:
I write on behalf of my client, Mr. Benson Owamani, the lessee of the land
comprised in Wakiso Block 321 Plot 164, Busaku. The land is inaccessible
due to the obstruction of the only available road by a neighbouring
landowner.
Background:
1. My client’s property has no direct access to the public road following a
permanent injunction issued by the Chief Magistrates Court of Wakiso
in Civil Suit No.0432 of 2021.

2. An alternative access road can be created through Wakiso Block 321

Plot 163, Busaku, which is not fully developed. However, the owner has
refused to grant access despite repeated attempts by my client to
negotiate.

Request:
Pursuant to the Roads Act, we hereby request your intervention to facilitate
the creation of an access road through Block 321 Plot 163 to connect my
client’s land to the public road. My client is willing to comply with all
procedural requirements, including compensation to the owner of the
servient land.
Conclusion:
Your swift action in this matter will ensure equitable use of land and
compliance with the principles of justice and fairness. I am available for any
further discussions or clarifications at your earliest convenience.
Yours faithfully,
Birungi Daphine
Partner E1 Advocates.
039 411 234

3. Statutory Declaration

REPUBLIC OF UGANDA
IN THE MATTER OF THE ROADS ACT, CAP 346
 AND
IN THE MATTER OF LAND COMPRISED IN WAKISO BLOCK 321 PLOT
164 AND 163, BUSAKU
STATUTORY DECLARATION
I, Benson Owamani, of P.O. Box 7134, Wakiso District, do solemnly and
sincerely declare as follows:
1. I am the registered proprietor of the land comprised in Wakiso Block
321 Plot 164, Busaku.

2. My property is landlocked due to the blockage of the only existing

access road by a neighboring landowner who has obtained a decree of
the Chief Magistrates Court of Wakiso in Civil Suit No.0432 of 2021.

3. The only other viable access route is through the land comprised in
Wakiso Block 321 Plot 163, Busaku, which is not fully developed.
However, the owner of that land has refused to grant access despite
my attempts to negotiate with him.

4. The lack of access renders my property practically unusable, causing

me severe hardship and financial loss.

5. I am willing to pay fair compensation to the owner of the said land for
the creation of an access road to the public road.

6. I respectfully seek the intervention of the Honourable Minister of

Justice under the Access to Roads Act to facilitate the creation of the
required access.

And I make this solemn declaration conscientiously believing the same to be

true and correct, and in accordance with the Oaths Act.
Declared at Kampala this 25th day of November, 2024.
By the said,
Benson Owamani
__________________________
Declarant
Before me:
Neil Rodman
Commissioner for Oaths