![]() The said affidavit raises the matter as a preliminary objection, hence why this court must dispose of it first. I will first address the question of whether this matter is properly before this court since the 2 nd respondent avers in his affidavit in reply and through their counsel’s submissions that the matter should be heard by the High Court of Arua. Briefly, in as far as this application is concerned, he averred that the application is filed in the wrong court as the main suit CS 015/2010 is still pending in the High Court Arua that most of the properties forming part of the estate are located in Arua that all the beneficiaries, save for the applicant, reside in Arua within the jurisdiction of Arua High Court that the applicant was served with the application through her counsel who acknowledged service by signing and stamping on the documents and that the applicant’s alleged inventory and final distribution of the estate filed in the Family Division four years after filing CS 015/2010 were not served on the beneficiaries of the estate. ![]() The application is opposed by the respondents through an affidavit in reply sworn by Taban Charles the 2 nd respondent. In the premises the present suit is frivolous and vexatious and ought to be struck out with costs.The applicant as an administrator of the estate of the deceased has already filed in this honourable court an inventory and final distribution of the said estate.The respondents filed Civil Suit 015/2010 applying for revocation of letters of administration, an account and a share of the estate of the deceased.The said order ought to be set aside or nullified.The Registrar issued the said ex parte order against the applicant without affording her an opportunity to defend herself.The respondents obtained an ex parte interim order against the applicant without serving her with the court documents. ![]() The grounds of the application, also contained in the applicant’s affidavit, are that:. The application is supported by the affidavit of Anite Margret the applicant. It seeks various orders, namely that the ex parte interim order issued by the Acting Deputy Registrar in Miscellaneous Application 006/2014 (MA 006/2014) arising out of Civil Suit No 015/2010 be set aside or nullified that the main suit Civil Suit No 015/2010 be struck out as being frivolous and vexatious and that the costs of this application abide the result of this matter. This was an application by notice of motion brought under Order 60 rule 30 Order 50 rule 8 and Order 52 rules 1, 2 & 3 all of the Civil Procedure Rules (CPR). IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
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