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THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE COURT OF MENGO HOLDEN AT
NATETE- RUBAGA
CIVIL SUIT NO.249 0F 2024
KOK GABRIEL AKECH NGOR::::::::::::::::::::::::::::::::::::::: APPLICANT/PLAINTIFF
VERSUS
1. MUGENYI GORDON
2. G & D SECURITY SERVICES :::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANT
NOTICE OF MOTION
(Under Order.9 rule 17 & 18, Order 52 rule1, 2 and 3 Civil Procedure Rules SI 71-1 and
Section 98 Civil Procedure Act Cap 71)
TAKE NOTICE that on the ________day of _____________ 2025 at _________ o’clock in
the fore/afternoon or soon thereafter as the case can be heard, Counsel for the
abovenamed applicant will move this Honourable court for the following orders that;
1. The Dismissal Order issued by this Honourable Court in Civil Suit No.249 OF 2024
be set aside.
2. The Civil Suit No.249 of 2024 be reinstated for hearing.
TAKE FURTHER NOTICE that the grounds on which this Application is based are set out in
the affidavit of KOK GABRIEL attached hereto and any affidavit(s) that may be filed
hereafter and shall be read and relied upon at the hearing of the application which
briefly are that;
a) The Applicant has sufficient cause for his non appearance when the suit was
fixed and called for mention.
b) That the applicant only got to know about the dismissal last week when he
tried inquiring about the adjourned date
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c) That the Applicant is still interested in pursuing the matter to its final
determination.
d) That the Applicant’s case has higher chances of success.
e) That this Application has been brought without delay.
f) That it is just, equitable and in the interest of justice that the orders sought be
granted.
Dated at Kampala this …………………… day of ……………………. 2025.
___________________________
COUNSEL FOR THE APPLICANT
GIVEN under my hand and the seal of this Honourable Court this_____ day of
_________2025.
______________________
REGISTRAR.
Drawn and filed by: -
M/S Tamale & Co. Advocates
5th Floor, Prime Plaza,
Plot 23-27 Jinja Road
P.O. Box 34585
Kampala
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THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE COURT OF MENGO HOLDEN AT
NATETE- RUBAGA
CIVIL SUIT NO.249 0F 2024
KOK GABRIEL AKECH NGOR::::::::::::::::::::::::::::::::::::::: APPLICANT/PLAINTIFF
VERSUS
1. MUGENYI GORDON
2. G &D SECURITY SERVICES:::::::::::::::::::::::::::::::::::::::::::DEFENDANT
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I, KOK GABRIEL AKECH of C/o M/s Tamale & Co. Advocates, prime Plaza, 5th Floor, plot
2327, jinja Road, P.O Box 34585, Kampala, do hereby solemnly make oath that every
statement am going to make is the truth and I state as follows;
1. That I am a male adult Ugandan of sound mind, residing
2. That I am the plaintiff in the above-mentioned suit and as such conversant with the
facts herein deposed to .
3. That I filed the above-mentioned suit against the defendant seeking for an
interlocutory judgement against the defendant for breach of contract and setting
down of the suit for formal proof to assess the value of the damages
4. That this honorable court granted my prayers and set down a date for formal proof to
assess the value of the damages which was scheduled for the 27th of May 2025
5. That on the said date above, I was unable to appear before this Honorable Court due
to unforeseen circumstances.
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6. That specifically ,on the 26th of may 2025 I had a motorcycle accident at Mpala which
left me badly bruised, fractured and was immediately rushed to Sab Medical Center
for urgent medical attention.
7. That due to my incapacitation and hospitalization, I was genuinely unable to attend
court on 27th may 2025, nor was I able to instruct my legal representative or inform
the court of my predicament.
8. That I still have a strong desire to prosecute my suit and believe I have a good case
with high chances of success.
9. That my nonappearance was neither intentional nor a sign of disrespect to this
Honorable Court, but was solely occasioned by the unavoidable accident and
subsequent hospitalization.
10. That it is in the interest of justice that this Honorable court exercises it inherent
powers and reinstates the dismissed suit to enable me to present my evidence for
formal proof.
11.That whatever is stated herein above is true and correct to the best of my knowledge
and beliefs save for paragraph 2 have indicated to be based on advice from my
lawyers which I believe to be true.
Sworn by KOK GABRIEL GABRIEL at Kampala) ___________________________
This ………………. day of ……………. 2025) Deponent
Before me
______________________________
A Commissioner for Oaths
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Drawn and FIled by:-
M/S Tamale & Co. Advocates
5th Floor, Prime Plaza,
Plot 23-27 Jinja Road
P.O. Box 34585
Kampala
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THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE COURT OF MENGO HOLDEN AT
NATETE- RUBAGA
CIVIL SUIT NO.249 0F 2024
KOK GABRIEL AKECH NGOR::::::::::::::::::::::::::::::::::::::: APPLICANT/PLAINTIFF
VERSUS
1. MUGENYI GORDON
2. G & D SECURITY SERVICES:::::::::::::::::::::::::::::::::::::::::::DEFENDANT
SUMMARY OF EVIDENCE
At the hearing of the Application, evidence shall be led to show that this is a proper case
for setting aside of the Dismissal of the Civil Suit No. 249 of 2025 and for its
reinstatement. LIST OF WITNESSES 1. Deponent to the affidavit led herein;
2. Any other with leave of Court.
DOCUMENTS TO BE RELIED UPON
1. Annexures to the Affidavit in support
2. Any other with leave of Court.
LIST OF AUTHORITIES
1. The Civil Procedure Act Cap 71.
2. The Civil Procedure Rules SI 71-1
3. Relevant Case Law
4. Any other with leave of court.
DATED at KAMPALA this …………….. day of …………………., 2025.
_________________________
COUNSEL FOR THE APPLICANT
Drawn and filed by:
M/S Tamale & Co. Advocates
5th Floor, Prime Plaza,
Plot 23-27 Jinja Road
P.O. Box 34585
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Kampala
