Application For Discoveries

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THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF BUGANDA ROAD AT BUGANDA ROAD


AND
IN THE MATTER OF AN APPLICATION FOR DISCOVERIES OF DOCUMENTS
AND
IN THE MATTER OF CRIMINAL MISCELLENEOUS APPLICATION No..................OF
2022
ARISING FROM CRIMINAL CASE No. 115/2022
UGANDA VS KABOYO RITAH DUTTON ALIAS NAMANDA RITAH
NOTICE OF MOTION

(Brought Under Article 28 (3) (c) and (g) and 44 (a) of the Constitution of Uganda and the
Judicature (Criminal Procedure) (Application) Rules SI 13 – 8

TAKE NOTICE that this Honorable Court shall be moved on the …………………..day of
………………………….2022, at ……………………O’clock in the forenoon/afternoon or soon
thereafter as Counsel for the Applicant can be heard on the Application for orders that;
1. Certified Copies of call data from Airtel Uganda Ltd for the following phone numbers be
provided.
a) 0703 057 755 belonging to Ndugga Shafiq for the period 2018 to 2021.
b) 0701 994 417 belonging to Kaboyo Ritah Dutton for the period 2018 to 2021.
c) 0704 289 813 belonging to Kikulukunyu Herman for the period between August 2020
to December 2020
d) 0702 838 461 belonging to Shero Marriam Muhamed for the period between August
2020 to December 2020

2. Certified copies of Loan Application Form by Ndugga Shafiq from Equity Bank dated
10th November 2021.
3. Certified copies of Funds Transfer Request Form dated 26th November 2020
4. Immigration records of Ndugga Shafiq using Passport Number B1135556 for the period
2020 to 2021.
5. Sale Agreement and Transfer Forms by Ndugga Shafic/ Phic Group Holdings for the
following property;
a) 2 Condominium Units at Najeera to ZIZEL dated 19th August 2020
b) 3 condominuim Units at Najeera to Sendi Kusiime Byarugaba dated 24 th November
2020
6. Tax profile and returns for;
a) Phic Group Holdings for the period 2019 to 2021
b) Phic Machines for the period 2019 to 2021
c) Janat Machine Centre for the period 2019 to 2021
7. Attendance Register of Phic Group Holdings meeting dated 1 st September 2020 and 5th
December 2020.
8. Certified Bank Statement of Ndugga Shafiq for the account number 1003100203280
(Equity Bank) Ltd.

TAKE FURTHER NOTICE that the grounds of this Application are contained in the Affidavit
of RITAH KABOYO DUTON alias NAMANDA (the Applicant) herein attached, which shall
be read and relied up on at the hearing but briefly, they are;

1. That the Applicants stands charged with three counts of Forgery C/S 342 of the PCA,
Uttering False Documents C/S 351and 347 of the PCA and Obtaining Registration by
False Pretense C/S 312 of the PCA.

2. That in furtherance of the above charges, Prosecution has disclosed evidence it intends to
rely on to prosecute its case.

3. That upon scrutinizing the record of disclosure, we have discovered numerous deliberate
falsehoods, distortions and belated half-truths which State intends to rely on.

4. That we seek certified copies of these documents to help court determine the real issues
in controversy in this matter.

5. That the State is duty bound by law to accord the accused person adequate facilities for
preparation of her defense and in this case, the said documents are necessary to help the
accused person examine the witnesses lined up by prosecution.

6. That it is fair, reasonable and in the interest of justice that this application is granted.

DATED at Kampala this…………………… day of……………………………….……2022

………………………………………
M/S EMORU & CO. ADVOCATES
Counsel for the Applicants
Given Under my hand and Seal of this Court this ………………day of ……………….2022
……………………………………..
MAGISTRATE
DRAWN & FIELD BY;
M/S EMORU & CO. ADVOCATES.
PLOT 19, LUMUMBA AVENUE,
RUMEE TOWERS, 2ND FLOOR
P.O. BOX 3155,

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