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Festo Kyoheirwe has filed a miscellaneous application in the High Court of Uganda seeking a temporary injunction against John Magoba to prevent him from occupying and constructing on Kyoheirwe's land. The application is supported by an affidavit stating that Kyoheirwe is the lawful owner of the land and that Magoba's actions threaten to cause irreparable damage. The hearing is scheduled for a date in 2025, and costs of the application are also requested.

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SAMUKA HERMAN
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11 views

Documents TI

Festo Kyoheirwe has filed a miscellaneous application in the High Court of Uganda seeking a temporary injunction against John Magoba to prevent him from occupying and constructing on Kyoheirwe's land. The application is supported by an affidavit stating that Kyoheirwe is the lawful owner of the land and that Magoba's actions threaten to cause irreparable damage. The hearing is scheduled for a date in 2025, and costs of the application are also requested.

Uploaded by

SAMUKA HERMAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION No.___/2025

(Arising out of Civil Suit No.42/2024)

FESTO KYOHEIRWE …………………………………………………...….


APPLICANT

VERSUS

JOHN MAGOBA …………………………….…………………RESPONDENT

CHAMBER SUMMONS

(Under Order 41 Rule 1 & 9 of the Civil Procedure Rules S.I 71-1)

LET ALL PARTIES CONCERNED attend court in Chambers on the


__ day of _________ 2025 at _____ O’clock in the fore/afternoon when
counsel for the applicant can be heard on an application for orders
that:

1. The Applicant be granted a temporary injunction against the


respondent in order to keep him off the applicant's land and
restrain him from constructing on the suit land.
2. Costs of this application be provided for.

TAKE FURTHER NOTICE that this application is supported by the


affidavit of the applicant, FESTO KYOHEIRWE containing grounds
which shall be read and relied upon at the hearing.

This summons is taken out by M/s Batte & Co. Advocates, P.O.
BOX. 3762, Kampala for the applicant.

GIVEN UNDER my hand and seal of this court this ___ day of
_________ 2025

__________________

REGISTRAR

Extracted by:

M/s Batte & Co. Advocates

P. O.BOX. 3762

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION No.__30_/2025

(Arising out of Civil Suit No.42/2024)

FESTO KYOHEIRWE………………………………………...….
APPLICANT

VERSUS

JOHN MAGOBA…………………………….…………………RESPONDENT

AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS

I Festo Kyoheirwe of M/s Batte & Co. Advocates P.O. BOX.


3762, Kampala do solemnly make oath and state as follows; -

1. That I am a male adult Ugandan of sound mind, the applicant,


and swear this affidavit in that capacity.
2. That I filed Civil Suit No.42/2024 against the respondent for
trespass to land before this honorable court and the same has
not yet been determined. (attached is a copy of the plaint
marked annexture ‘A’
3. That I am the lawful owner of the suit land and therefore I have a
very good chance of succeeding in the aforementioned suit.
4. That the respondent has threatened to occupy and use the land
an act that has and will vitiate the status quo.
5. That the defendant poured construction materials on the land
and also brought several casual workers on site who have started
digging a foundation.
6. That if the defendant is not stopped from proceeding with the
construction, I will suffer eviction which will be an irreparable
damage to me.
7. That the damage am likely to suffer cannot be atoned for in
monetary terms.

8. That I will be inconvenienced more by the construction and use


of the land than the respondent who will only lose money and
time which can be remedied by way of damages.
9. That I depone hereto in support of an application for temporary
injunction pending the hearing and disposal of the main suit.
10. That whatever I have stated herein above is true and correct to
the best of my knowledge save for the contents of paragraphs
which source I have disclosed.

Sworn at Kampala this ___ day of _________ 2025 by the said;

____________________

FESTO KYOHEIRWE
DEPONENT

BEFORE ME

………………..……………………..

COMMISSIONER FOR OATHS

Drawn & Filed by:

M/s Batte & Co. Advocates

P.O.BOX. 3762, Kampala.

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