Emmanuel Mambo and 2 Others v Dingkuii Deng Goc Ayuel (H.C.Miscellaneous Application No. 1291 of 2020) [2021] UGHCLD 57 (1 February 2021)

# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA LAND DIVISION MISCELLANEOUS APPLICATION NO. 1291 OF 2020** 5 **ARISING FROM CIVIL SUIT NO. 543 OF 2019**

| | 1. EMMANUEL MAMBO | |----|-----------------------------------------------------------------------------------| | | 2. ASASIRA AZARIUS | | | 3. TUMUHAIRWE ANGEL--------------------------------------------------------------- | | 10 | APPLICANTS |

**V**

**DINGKUII DENG GOC AYUEL------------------------------------------------------** 15 **RESPONDENT**

#### **Before: Hon. Lady Justice Olive Kazaarwe Mukwaya**

#### 20 **RULING**

After perusal of the pleadings and submissions by respective Counsel, I find as follows;

- 1. The 1st Applicant Emmanuel Mambo swore the affidavit in support of the application in his own capacity and not in a representative capacity. The affidavit was therefore not incompetent as submitted by Counsel for the Respondent. - 25 2. The plaint reveals a cause of action against the Defendants/Applicants. All matters concerning the plaintiff's locus standi and nature of the suit land shall

form part of the issues for resolution by this Court in the main suit. It was thus premature for both parties to make arguments by affidavit and submissions in this regard. And I accordingly shall not make any determination on those arguments at this stage.

- 5 3. For avoidance of doubt, I find that the plaint is not barred by law. - 4. Costs of the Application shall be in the cause.

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## 10 **Olive Kazaarwe Mukwaya**

### **JUDGE**

#### **1 st February 2021**

Delivered by email to Counsel for the Parties.

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