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Application for reinstatement of Busukuma Appeal

This document is a Notice of Motion filed in the Chief Magistrate's Court of Kasangati by Nakato Bulyaba Josephine seeking to reinstate Civil Appeal No. 002 of 2022, which was dismissed for want of prosecution. The applicant argues that the dismissal occurred while a related application for substituted service was still pending, and emphasizes the need for justice and fair hearing. The application is supported by an affidavit from Ntulume David, who holds Power of Attorney for the applicant.

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19 views6 pages

Application for reinstatement of Busukuma Appeal

This document is a Notice of Motion filed in the Chief Magistrate's Court of Kasangati by Nakato Bulyaba Josephine seeking to reinstate Civil Appeal No. 002 of 2022, which was dismissed for want of prosecution. The applicant argues that the dismissal occurred while a related application for substituted service was still pending, and emphasizes the need for justice and fair hearing. The application is supported by an affidavit from Ntulume David, who holds Power of Attorney for the applicant.

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NYAPENDI ANNA TEREZA HOPE
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF KASANGATI

MISCELLANEOUS APPLICATION NO. ………. OF 2025


(ARISING FROM CIVIL APPEAL NO. 002 OF 2022)

NAKATO BULYABA JOSEPHINE } :::::::::::::::::::::: APPLICANTS


VERSUS
SSERUNKUMA MUSA KADDU} :::::::::::::::::::::::::::::::: RESPONDENT

NOTICE OF MOTION
(Under S.98 of CPA CAP 71, Order 9 Rules 12 and 27 and Order 52 Rule 1&3, of
the Civil Procedure Rules SI 71 _1)

TAKE NOTICE that this Honourable Court shall be moved on the …………. day of
……………………. 2025 at…………….. O’clock in the fore/.afternoon or soon thereafter
as Counsel for the Applicant can be heard on an application for orders that:-

1. The Order dismissing Civil Appeal No. 002 Of 2022 issued on the 30th
August 22024 be set aside and the said appeal be reinstated.
2. That the costs of this application be in the cause.

AND TAKE FURTHER NOTICE that this application is made under the provisions
of the law aforementioned and upon grounds and reasons set out in the supporting
affidavit of NTULUME DAVID, the holder of Powers of Attorney of the Applicant
herein but briefly they are that:

a) That Civil Appeal No. 002 of 2022 was filed on the 24 th May 2022 but effective
service upon the Respondent was not possible.
b) That the Appellant then filed Misc. Appln No. 52 of 2022 for substituted
service on the 05th day of July 2022 and it was fixed for hearing on the 16 th
November 2022 at 02:00 pm but was not heard and went through a series of
adjournments.
c) That Unknown to the Appellant, the Appeal file was placed before the Trial
Magistrate on the 30th August, 2024 at 2:30pm and it was dismissed for want
of prosecution yet the hearing of Miscellaneous Application No. 052 of 2022
for substituted service was still on going.
d) That on the 18th day of September 2024, Misc. Appln No. 052 of 2022 for
substituted service was granted but the Appeal had been dismissed.
e) That the justice of the matter requires that the Court exercises its discretion and
grants this application reinstating Civil Appeal No. 052 of 2022 and the matter is and
the matter is disposed of fairly and justly.
f) That this application has been made without unreasonable delay.
g) That it is just and equitable that this application be granted.
DATED at Kampala this 14th day of February 2025.

………………………………………….
M/s Omara Atubo & Co. Advocates
Counsel for the Applicant

GIVEN under my hand and seal of this Honourable Court this …..…… day of
……………………….. 2025.

_______________________
CHIEF MAGISTRATE

Drawn & Filed by:


M/s Omara Atubo & Co. Advocates
Plot 5, Pilkington Road,
P. O. Box 1017,
Kampala.
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF KASANGATI

MISCELLANEOUS APPLICATION NO. ………. OF 2025


(ARISING FROM CIVIL APPEAL NO. 002 OF 2022)

NAKATO BULYABA JOSEPHINE } :::::::::::::::::::::: APPLICANTS


VERSUS
SSERUNKUMA MUSA KADDU} :::::::::::::::::::::::::::::::: RESPONDENT

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I, NTULUME DAVID of c/o M/s Omara Atubo &Co. Advocates do hereby


solemnly swear and sincerely state as follows.

That I am a male adult Uganda and I have Powers of Attorney to represent the
Applicant in this matter and therefore swear this affidavit in that regard. Attached
is a copy of the Power of Attorney marked annexure “A”.

1. That on the 20th, March, 2022 we received judgment from the LC III Court
Sitting at Busukuma Division, Wakiso District.
2. That on the 22nd, March, 2022 we filed a notice of appeal at LC III court at
Busukuma Division wherein we asked for the address of the respondent but
we couldn’t be availed with the address to enable us to serve him personally
with the notice of Appeal.

3. That we filed the Memorandum of Appeal but failed to serve it upon the agent
or the respondent personally.

4. That having failed to get the respondent’s address, the applicant herein
successfully filed Misc. Appln No. 052 of 2022 and applied for substituted
service to enable her to do effective service. Attached is a copy of the
Misc. Appln No. 052 of 2022 Annexure “B”

5. That the Applicant then filed Misc. Appln No. 52 of 2022 for substituted
service on the 05th day of July 2022 and it was fixed for hearing on the 16 th
November 2022 at 02:00 pm but was not heard and went through a series of
adjournments.
6. That unknown to the Appellant, the Appeal file was placed before the Trial
Magistrate on the 30th August, 2024 at 2:30pm and it was dismissed for want
of prosecution yet the hearing of Miscellaneous Application No. 052 of 2022
for substituted service was still on going.

7. That on the 18th day of September 2024, Misc. Appln No. 052 of 2022 for
substituted service was granted and when our Lawyers of M/s Omara Atubo &
Co. Advocates went to extract a hearing notice for the Appeal, they found
that it had been dismissed for want of prosecution.

8. That we are interested in prosecuting the Appeal but we did not know that
the file for Civil Appeal No. 002 of 2022 was not moving along with the
file for Misc. Appln No. 52 of 2022 for substituted service.

9. That my lawyers of M/s Omara Atubo & Co. Advocates informed me that the
files should have been moving together but they could not tell why it
happened that way since they have no control over the movement of Court
files.

10. That this application has been brought without an inordinate delay.

11. That it’s in the interest of justice that CIVIL APPEAL NO. 002 OF 2022 be
reinstated and fixed for hearing on its merits.

12. That whatever is stated herein above in paragraph 1 to 11 both inclusive is true and
correct to the best of my knowledge save for what is stated in Paragraph 7 and 9
which is to the best of my information the source of which is stated herein.

SWORN by the said NTULUME DABVID at Kampala this 14 TH day of February 2025.

…………………………………
DEPONENT

BEFORE ME,
……………………………………………
A COMMISSIONER FOR OATHS

Drawn & Filed by:


M/s Omara Atubo & Co. Advocates
Plot 5, Pilkington Road,
P. O. Box 1017,
Kampala.

THE REPUBLIC OF UGANDA


IN THE CHIEF MAGISTRATE’S COURT OF KASANGATI

MISCELLANEOUS APPLICATION NO. ………. OF 2025


(ARISING FROM CIVIL APPEAL NO. 002 OF 2022)

NAKATO BULYABA JOSEPHINE } :::::::::::::::::::::: APPLICANTS


VERSUS
SSERUNKUMA MUSA KADDU} :::::::::::::::::::::::::::::::: RESPONDENT

SUMMARY OF EVIDENCE

The Applicants shall rely on the affidavit attached.

LIST OF WITNESSES
Ntulume David
Others with leave of Court

LIST OF DOCUMENTS
Misc. Appln No. 052 of 2022.
Others with leave of Court

LIST OF AUTHORITIES
The Constitution of Uganda
Civil Procedure Act Cap 282
Evidence Act Cap 8
Civil Procedure Rules SI 71-1
Case Law
Others with leave of court

Dated at Kampala this 14th day of February 2025.

.……………………………………
M/s Omara Atubo & Co. Advocates
Counsel for the Applicant

Drawn & Filed By:


M/s Omara Atubo & Co. Advocates,
Suite 5, Colline House,
Plot 5, Pilkington Road,
P. O. Box 1017, Kampala

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