THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
COMMERCIAL DIVISION
MISCELLANEOUS APPLICATION No. OF 2025
(Arising from Miscellaneous Cause No. of 2025)
(Arising from Civil Suit No. of 2023)
ATTORNEY GENERA..............................................APPLICANT/JUDGMENT DEBTOR
VERSUS
BITWENDA PROPERTIES LTD.......................RESPONDENT/JUDGMENT CREDITOR
AFFIDAVIT IN REPLY
I, JOSEPH MUGISHA, a male adult Ugandan of sound mind, the Managing Director of
Bitwenda Properties Ltd, of P.O. Box 3456, Kampala, do hereby make oath and state as follows:
1. THAT I am the Managing Director of Bitwenda Properties Ltd, the Respondent/Judgment
Creditor in this matter, and I am duly authorized to swear this affidavit in that capacity.
2. THAT the Respondent entered into a procurement contract with the Ministry of Finance,
Planning and Economic Development for the refurbishment of the Ministry Headquarters
Annexure "A" is a copy of the said contract.
3. THAT the Respondent fully executed the refurbishment works as per the contract
specifications and terms.
4. THAT following the Ministry's failure to pay the outstanding amount despite numerous
demands, the Respondent instituted Civil Suit No. of 2023 against the Attorney General
in the High Court of Uganda, Commercial Division
5. THAT this Honorable Court entered judgment in favor of the Respondent and ordered the
Applicant to pay UGX 2,600,000,000/= (Uganda Shillings Two Billion Six Hundred
Million), together with interest at 15% per annum from the date of judgment until
payment in full, and costs of the suit. Annexure "B" is a copy of the judgment.
6. THAT the Petroleum Fund Account No. 0045800222600040 was identified as a
government account holding public funds, which can be legally attached to satisfy the
judgment debt.
7. THAT while the Petroleum Fund was established under the Public Finance Management
Act, there is no explicit provision in the Act that exempts the fund from execution
proceedings to satisfy legitimate court judgments.
8. THAT the claim that the Petroleum Fund Account is protected by law from private
execution is not supported by any specific statutory provision that creates such immunity.
9. THAT Section 56(3) of the Public Finance Management Act only restricts the purposes
for which money from the Petroleum Fund may be withdrawn but does not render the
fund immune from court-ordered execution.
10. THAT the Government of Uganda, through the Ministry of Finance, Planning and
Economic Development, has a legal obligation to satisfy court judgments, including by
making appropriate budgetary allocations.
11. THAT the Respondent has suffered significant financial hardship due to the Applicant's
continued failure to pay the decretal sum, which has affected its business operations and
ability to meet its financial obligations.
12. THAT the Applicant's allegation that garnisheeing the Petroleum Fund Account would
contravene public policy is unfounded, as the enforcement of valid court judgments is
itself a matter of public interest and policy.
13. THAT it is actually in the interest of justice that the Garnishee Order Nisi be confirmed to
enable the Respondent to recover the long-overdue decretal sum.
14. THAT I swear this affidavit in opposition to the Applicant's application to set aside the
Garnishee Order Nisi.
15. THAT what I have stated herein above is true and correct to the best of my knowledge
and belief.
SWORN at Kampala by the said JOSEPH MUGISHA this _______ day of May, 2025
...................................................
DEPONENT
BEFORE ME
...................................................
COMMISSIONER FOR OATHS
Drawn & Filed by:
FIRM D4 ODD& CO ADVOCATES
P.O.BOX. 0000
MBARARA
Plot 15, Parliament Avenue
P.O. Box 7034
Kampala, Uganda
