E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT HOIMA

CIVIL SUIT NO.____ OF 2025

BENSON MUGAGGA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::
PLAINTIFF

VERSUS

GOODLUCK OWEMIGISA::::::::::::::::::::::::::::::::::::::::::::DEFENDANT

PLAINTIFF’S TRIAL BUNDLE

NO. PARTICLARS PAGE

1 Plaint 1

2 Witness statement of BENSON MUGAGGA 1

3 Witness statement of LC1 SECRETARY 2

4 A copy of certificate of title FRV 56 Folio 5, Plot 421 3-5

Kinogozi West registered in the names of Mr. Goodluck.

5 Purchase agreement between Benson Mugagga and 6-8

Goodluck dated 18TH /12/2024.

6 Acknowledgment of receipt of 1st installment 9

18th/12/2024

7 Acknowledgment of receipt of 2 nd installment 10

18th/01/2025.

8 Residence Form of LC1 Secretary 11

Dated at Kampala this 11thday of February 2025

............................TSWIFT....................................
E.3 & CO. ADVOCATES
COUNSEL FOR THE PLAINTIFF
Drawn and filed by;
E3 & Co. Advocates
Law Development Center
P.O Box 1989,
Kampala
E3 & CO ADVOCATES
E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT HOIMA

CIVIL SUIT NO.001 OF 2025

BENSON MUGAGA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF. VERSUS

GOODLUCK OWEMIGISA::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT.

PLAINT.

{under O, 4, O.6, O, 7 CPR S-71-1}

1.The plaintiff is a male adult Ugandan of sound mind whose address of service for purposes
of this suit shall be C/o E3 & Co. Advocates 5 th floor, Law Development Centre, Plot1,
Kagugube, Kampala.

2.The 1st Defendant is a male adult Ugandan presumed to be of sound mind resident of
Kinogozi west, Bugahya county, Hoima district.

3.The 2nd defendant is a female adult Ugandan presumed to be of sound mind, a wife to the
1st defendant and a joint owner in the suit property and counsel for the Plaintiff undertakes
to effect court process onto the Defendants.

4.The plaintiffs’ cause of action against the Defendants arose as follows:

a. That the plaintiff lawfully entered into a sale agreement of the suit land comprised in
FRV 56 FOLIO MAS 5, Plot 421, Kinogozi West Bugahya county, Hoima district with the
Defendant on the 18th day of December 2025 (A copy of land Sale Agreement is
attached hereto & marked as “A”).
b. That by the terms of the land sale agreement, the Plaintiff was to effect payment of
the purchase price of shs.350,000,000/= (three hundred fifty million shillings only) in
three equal monthly installments beginning with payment of the first installment on
the date of agreement.
c. That as per the terms of the agreement, the plaintiff made payment of two
installments for the months of December and January amounting to a total of
shs.233,300,000/= (two hundred and thirty-three million three hundred thousand
Uganda shillings only) (A copy of the receipts of both payments are attached hereto
& marked as B & C for the respective months)
d. That the remaining installment is due on the 14 th of February 2024 as per the
agreement.
e. That the Plaintiff was approached by the LC1 Secretary of Kinogozi west, Barahya
county, Hoima district who informed him that he has been requested by the
E3 & CO ADVOCATES

defendant to ask the plaintiff to find some time and agree on how to receive the
refund of the money so far paid.
f. That the Defendant’s demand for receipt of refund is not a term of the agreement
and that the plaintiff has fulfilled his obligations under the contract.
g. That as per the agreement the third installment was set to be paid on 18 th February
2025 and that the plaintiff has not expressed any unwillingness or inability to do so.
h. That the demand by the defendant for receipt of refund by the plaintiff jeopardizes
the plaintiff’s desire to obtain land which is the sole reason for the plaintiff’s entry
into the agreement.
i. The Plaintiff contends that the conduct of the Defendants occasioned the plaintiff
loss, untold anguish and psychological torture, inconvenience and unnecessary
delays, for which he shall seek for general damages.
j. The cause of action arose at Hoima District within the jurisdiction of this Honorable
Court.

WHEREFORE the Plaintiff prays that court enters judgment against the Defendants jointly
and severally for orders for;
a) Orders that the plaintiff has equitable interest in the land comprised in
FRV 56 MAS 5, Plot 421, Block 20 situated at Kinogozi West.
b) A declaration that the defendants breached the terms of the land sale
agreement.
c) An order that the Defendants give vacant possession of the suit land to
the Plaintiff.
d) General d a m a g e s .
e) Costs of this suit.
f) Any other relief as may be deemed fit and proper by this honorable court.

Dated at Hoima on this 11th Day February 2025

TSwiftly

E3 & CO. ADVOCATES COUNSEL FOR

THE PLAINTIFF.

Drawn and filed by:

E3 & Co. Advocates

5th floor,

Law Development Centre,

Kagugube,Kampala
E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT HOIMA CIVIL SUIT

NO.001 OF 2025

BENSON MUGAGA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF. VERSUS

GOODLUCK OWEMIGISA::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANTS.

SUMMARY OF EVIDENCE.

The Plaintiff will lead evidence to show that has equitable interest in the suit land.
Further evidence shall be led to prove that the defendant breached the contract as they
intend to refund the purchase price.

LIST OF WITNESSES.

1. Plaintiff
2. LC1 chairperson
3. Any other with leave of court.

LIST OF AUTHORITIES.

1. The Constitution of the Republic of Uganda.

2. The Civil Procedure Act, Cap. 282.
3. The Civil Procedure Rules SI 71-1.
4. The Evidence Act, Cap. 8.
5. Contracts Act Cap 284.
6. The Land Act Cap 236
7. Registration of Titles Act Cap 240
8. Case Law.
9. Any other with the leave of Court.
E3 & CO ADVOCATES

LIST OF DOCUMENTS.

1. Land Sale Agreement

2. Receipt.
3. Any other with leave of Court.

DATED at Hoima this 11th day of February 2025

TSwiftly
E3 & CO. ADVOCATES (COUNSEL FOR THE PLAINTIFF)

Drawn and filed by:

E3 &Co.Advocates 5th
floor,
Law Development Centre, Plot1,
Kagugube, Kampala.
E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT HOIMA CIVIL SUIT

NO.001 OF 2025

BENSON MUGAGA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF. VERSUS

GOODLUCK OWEMIGISA::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANTS.

SUMMONS TO FILE A DEFENCE.

To;

1. Goodluck Owemigisa

WHEREAS the above named Plaintiff has instituted a Civil Suit against you upon the claim
particulars of which are set out in the copy of the plaint attached hereto:

YOU ARE HEREBY required to file a defense in the said suit within (15) fifteen days from
the date of service of the summons in the manner prescribed under O.9 r.1 Civil Procedure
rules as amended.

SHOULD YOU FAIL to file a defense within the prescribed period, the plaintiff may
proceed with the suit and judgment will be given in your absence without notice.

GIVEN under my hand and Seal of Court this 11th day of February 2025.

_____________________________________
DEPUTY REGISTRAR.

Extracted by;

E3 & Co.Advocates 5th

floor,

Law Development Centre, Plot1,

Kagugbe, Kampala
E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

THE HIGH COURT OF UGANDA AT HOIMA

CIVIL SUIT NO. ___OF 2025

BENSON
MUGAGGA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
PLAINTIFF

VERSUS

GOODLUCK
OWEMIGISA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
DEFENDANT

WITNESS STATEMENT OF BENSON MUGAGGA

1. I, BENSON MUGAGGA OF C/o FIRM E3 ADVOCATESKAMPALA, do

solemnly swear and state as follows;

2. I am a male adult Ugandan of sound mind, a resident of Ssumbwe

village, Bulenga sub-county, Wakiso district. I am an Anglican by
religion and the plaintiff in this matter, well conversant with the facts
pertaining to this case and I make this statement as hereunder;

3. That the respondent is a male adult Ugandan presumed to be of sound

mind.
E3 & CO ADVOCATES

4. That on the 20th day of December 2024 I approached the defendant

and expressed my interest in purchasing the suit land, comprised in
FRV 56 Folio 5, Plot 421 Kinogozi West.

5. That the defendant agreed to sell to me the suit land at an agreed

price of UGX. 350,000,000/= (Three hundred and fifty million shillings)
and the same was to be paid in three equal monthly instalments.

6. That each instalment was to be paid monthly, starting with the month
of December 2024. That the said terms were contained in the sale
agreement attached as Annexture“A’’.

7. That I made payment of UGX.233,300,000/= as payment for the first 2

instalments for the months of December 2024 and January 2025. The
proof of payment is herein attached as Annexture‘’B”.

8. On the 1st of February 2025 I was approached by the LC1 Secretary

who informed me that the defendant wanted to meet and agree on
how I could receive the refund for the money so far paid.

9. That the defendant violated the terms of the sale agreement, thereby
amounting to breach of contract which caused me financial loss.

10. That what I have stated herein is true and correct to the best of
my knowledge and belief.

SWORN at Kampala by the said Mugagga Benson this 10th day of

February 2025.

Mugagga Benson

WITNESS
E3 & CO ADVOCATES

Drawn by
E3 & CO Advocates
Law Development Center
Kampala Uganda.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT HOIMA

CIVIL SUIT NO.__ OF 2025

BENSON MUGGAGA………………………………………………………….
PLAINTIFF

VERSUS

GOODLUCKOMWEMIGISA……………………………………………...
DEFENDANT

WITNESS STATEMENT OF ELON MUSK LC1-SECRETARY

I, ELON MUSK of C/O FIRM E3 ADVOCATES,Kagugube in Kampala, Uganda

and state as follows;
E3 & CO ADVOCATES

1. That I am a male adult Ugandan of sound mind, a resident and the LC1
Secretary of Kinogozi West, in Buhima Subcounty, Hoima District.
( Residence Form attached hereto)
2. That the plaintiff is a male adult presumed to be of sound mind and is
a resident of Ssumbwe village, BulengaSub-county, Wakiso District.
3. That the defendant is a male adult presumed to be of sound mind and
resides at Kyandondo Block 200 plot No. 152, located in Kyanja.
4. That the defendant agreed to sell his land comprised in FRV 56 Folio 5,
Plot 421 Kinogozi West to the plaintiff for a consideration of
shs.350,000,000 (Three hundred and fifty million shillings) and the
same would be paid in three equal installments.
5. That the plaintiff paid the first and second installments amounting to
Shs. 233,300,000 million for the months of December 2024 and
January 2025as agreed.
6. That I was requested by the defendant to inform the plaintiff to receive
a refund of the installments so far paid for the land and that both
defendant and the plaintiff should agree on how this should be done.
7. That the above act of receiving a refund was not an agreed term of the
land sale agreement between the defendant and the plaintiff which I
witnessed.
8. That is all I wish to state.
SWORN at Kampala by the said ELON MUSK this 10th day of February
2025.

ELON MUSK

ELmuska

WITNESS

Drawn by
E3 & CO Advocates
Law Development Center
Kampala Uganda.
E3 & CO ADVOCATES
E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE LAND ACT CAP 236

AND

IN THE MATTER OF THE REGISTRATION OF TILES ACT CAP 240

AND

IN THE MATTER OF SALE OF LAND COMPRISED IN FRV 56 FOLIO 5

PLOT 421 KINOGOZI WEST

LAND SALE AGREEMENT

THIS LAND SALE AGREEMENT is made this 18th day of December, 2024

BETWEEN

MR GOODLUCK OWEMIGISA OF P.O BOX 123 HOIMA (herein referred to as

the VENDOR which expression shall where the context so admits include his
nominee assignees and successors in title) of the one part.

AND

MR. BENSON MUGAGGA OF P.O BOX 144 HOIMA (herein referred as the
PURCHASER which expression shall where the context so admits include his
nominees, assigns and successors in title) of the other part.

WHEREAS, the VENDOR is the registered proprietor of the land comprised in

FRV 56 FOLIO 5, PLOT 421 Kinogozi (herein, referred to as “the Land”)

WHEREAS the VENDOR is desirous of selling the land and the PURCHASER
having duly negotiated the terms as contained herein with the PURCHASER is
E3 & CO ADVOCATES

willing to purchase the land from the SALER subject to the terms and
conditions herein;

NOW THIS AGREEMENT WITNESSETH as follows;

1. CONSIDERATION.
In the consideration of the sum of 350,000,000 Uganda shillings, the
VENDOR agrees to sell and hereby sells and the PURCHASER agrees to
buy and hereby buys the land from the SALER.

2. TERMS OF PAYMENT
The consideration shall be paid in three equal monthly installments with
the first installment made on this date of the signing of the agreement .
The subsequent installments shall be paid on the 18 th day of January and
the final one on the 18th of February 2025.

3. DUTIES OF THE VENDOR

By this agreement the vendor undertakes as follows;
(a) That he has authority to sell the land herein sold and is not
precluded from doing so by any person or authority.
(b)That the land herein sold as is free from any incumbrances and third
party claims whatsoever PROVIDED that if there shall arise any
claim or anything that shall prevent the purchaser from acquiring
good title to the land herein sold the vendor shall fully indemnity the
purchaser against any loss and damage suffered by refunding the
full purchase price herein paid plus other monies spent under this
agreement.
(c) To deliver vacant possession of land immediately.
(d)To furnish all documents relating to the transaction to the purchaser
to enable the purchaser transfer the land purchaser into names.
(e) To introduce the buyer to the L.C Executives as the new owner of
the land herein sold and the buyer shall be responsible for any dues
required by or payable to the said L.C Executives.
(f) To meet all the legal fees incurred in the preparation of these
presents.

4. DUTIES OF THE PURCHASER

(a) To pay and have the land transferred to him immediately.
E3 & CO ADVOCATES

5. DEFAULT CLAUSE
If the purchaser fails to pay all monies required in consideration within
the agreed three installments, the vendor will have the option to
rescind the contract all together and refund to the purchaser any
installments so far paid.
6. DISPUTES & LAW APPLICABLE
a) In face of any disputes that may arise regarding this agreement,
the parties shall have the matter handled through private
mediation before taking it to court.
b) The agreement shall be governed by the laws of Uganda.

IN WITNESS WHEREOF the parties hereto have appended their

signatures hereunder on the day and year first above written.
7. AMMENDMENT OF THE AGREEMENT
The deed supersedes all prior oral or written agreements relating to
the purchase and shall be amended by the consent of the purchaser
and the buyer.

SIGNED & DELIVERED by the said

GOODLUCK OWEMIGISA OGoodisa
VENDOR

In the presence of

KENJOY MINT of 0773528521 kenjymnt

WITNESS

SIGNED & DELIVERED by the said

BENSON MUGAGGA BMugaga
PURCHASER

In the presence of
E3 & CO ADVOCATES

SABRINA CARPENTER of 078990055 SCarpenter

ALL in the presence of

TAYLOR SWIFT TSwiftly
ADVOCATE

Drawn by;

FIRM E3 & CO. ADVOCATES

P.O BOX 1989

KAMPALA UGANDA

ACKNOWLEDGEMENT OF RECIEPT OF UGX 116,666,666/= LAND

COMPRISED IN FRV 56 FOLIO 5, PLOT 421 BLOCK 20 AT KINOGOZI
WEST, BAGABYE, HOIMA DISTRICT VIDE SALE AGREEMENT DATED
18/12/2024

I, GOODLUCK OWEMIGISH, have received UGX 116,666,666/= as the first

installment of the above land from Mr. Benson Mugaga. That I expect the

second installment to be paid on 18/01/2025

Received by:

GOODLUCK OWEMIGISH of 0773528543 Owemigishagoodluck

Witnessed by;

KENJOY MINT of 0773528521 kenjymnt

Paid by:

MR. BENSON MUGAGA of 0753487656 Bensonmugag

E3 & CO ADVOCATES

Witnessed by;

SABRINA CARPENTER of 0785786461 SCarpenter

ALL IN THE PRESENCE OF:

TSwifty

TAYLOR SWIFT Advocate.

ACKNOWLEDGEMENT OF RECIEPT OF UGX 116,666,666/= LAND

COMPRISED IN FRV 56 FOLIO 5, PLOT 421 BLOCK 20 AT KINOGOZI
WEST, BAGABYE, HOIMA DISTRICT VIDE SALE AGREEMENT DATED
18/01/2025

I, GOODLUCK OWEMIGISH, have received UGX 116,666,666/= as the last

installment of the above land from Mr. Benson Mugaga. That I have handed

over a duly signed transfer form, copy of my National Identity card, two

passport photos and my TIN is 1000997680.

Received by:

GOODLUCK OWEMIGISH of 0773528543 Owemigishagoodluck

In the presence of

KENJOY MINT of 0773528521 kenjymnt

WITNESS

Paid by:
E3 & CO ADVOCATES

MR. BENSON MUGAGA of 0753487656 Mugaga Benson

In the presence of

SABRINA CARPENTER of 078990055 SCarpenter

WITNESS

ALL IN THE PRESENCE OF:

Tswifty

TAYLOR SWIFT Advocate.

E3 & CO ADVOCATES

THE REPUBLIC OF UGANDA

REISDENCE FORM
HOIMA DISTRICT.

NAME: ELON MUSK

AGE: 43

MARITAL STATUS: MARRIED

VILLAGE: KINOGOZI
VILLAGE

PARISH
WANGULUGUGU PARISH

S. COUNTY: KINOGOZI
WEST

COUNTY: KINOGOZI
WEST

DISTRICT: HOIMA
DISTRICT

NATIONALITY: UGANDAN

OCCUPATION: PEASANT
FARMER

RESPOSIBILITY IN THE AREA: L.C. 1 SECRETARY

HOLDERS SIGNATURE: Emusk

DATE OF ISSUE: 27/11/1997

EXPIRE DATE: 01/10/2027