THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO……OF 2025
(Arising from HCCS No. 060 of 2023)
ATTORNEY GENERAL …………………………………………APPLICANT
VERSUS
BITWENDA PROPERTIES LTD.............................………………..RESPONDENTS
RESPONDENTS’ AFFIDAVIT IN REPLY
I, MBABAZI RONALD, the Managing Director of Bitwenda Properties Limited, of A4
EVEN & CO. Advocates, Mbarara, Kyamugoranyi Road, do solemnly swear and state
as follows:
1. That I am a male adult Ugandan of sound mind and the Respondent herein, and I
depone this affidavit in reply to the affidavit in support in that capacity.
2. That the contents of the Applicant’s affidavit have been fully explained to me by my
lawyers at A4 EVEN & CO. Advocates, and I have noted that the Applicants’ application
is defective and replete with falsehoods.
3. That I am the Managing Director of the successful party and Judgment Creditor in
Civil Suit No. 060 of 2023 against the Attorney General at the High Court of Uganda at
Kampala, wherein this Honourable Court awarded a decretal sum of UGX
2,600,000,000/= with interest at 15% per annum from the date of default in September
2023 until payment in full, plus costs of the suit. (A certified copy of the judgment is
hereto attached and marked Annexture “A”).
4. That the decree remains unsatisfied despite several formal demands made to the
Judgment Debtor and his agents, which necessitated the initiation of garnishee
proceedings for enforcement.
5. That paragraph 3 and 5 of the Applicant’s affidavit in support are admitted, and I state
further that following due legal process, a Garnishee Order Nisi was issued on the 9th
day of May 2025, attaching funds held in Petroleum Fund Account No.
0045800222600040 in Bank of Uganda for purposes of satisfying the judgment.
6. That the Respondent lawfully applied for the Garnishee Order Nisi after obtaining a
Certificate of Order Against Government and complying with all necessary preconditions
under the applicable law.
7. That paragraph 4 of the Applicants’ affidavit in support is admitted, and I state further
that Muji Banton of Quick Solutions Auctioneers, duly served the Garnishee Order Nisi
upon the Executive Director of Bank of Uganda. (Attached hereto is proof of service
marked as Annexture “B”).
8. That Respondent denies the contents of paragraphs 6 and 7 of the Applicant’s
affidavit, the claims that no Satisfaction Order was issued are false, misconceived, and
intended to frustrate lawful execution. All statutory requirements and procedures were
fully adhered to.
9. That the Respondent denies the contents in paragraph 8 of the Applicant’s affidavit, it
is misleading to assert that the Petroleum Fund is part of the Consolidated Fund and
therefore not attachable.
10. That the Respondent denies the contents in paragraph 9, the Applicants have failed
to provide any credible documentary evidence proving that the attached funds are
exclusively immune from attachment or are held in trust for a specific statutory purpose.
11. That the Government cannot be permitted to evade legal obligations by invoking
technicalities or immunities where a valid court decree has been issued and remains
unsatisfied for an unreasonable period.
12. That allowing the present application would occasion grave injustice and prejudice
against the Respondent, who has already suffered loss, obtained a valid judgment, and
is lawfully entitled to enforce the same.
13. That it is in the interest of justice, equity, and fair hearing that the Applicant’s
application be dismissed with costs to the Respondent.
14. That whatever I have stated herein above is true and correct to the best of my
knowledge, belief, and understanding.
SWORN at Kampala this 11th day of May, 2025.
By the said:
MBABAZI RONALD
..................................................
(DEPONENT)
BEFORE ME:
..................................................
COMMISSIONER FOR OATHS
DRAWN AND FILED BY:
A4 EVEN & CO. ADVOCATES
Plot 002 Kyamugoranyi,
MBARARA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO…..OF 2025
(Arising from HCCS No. 060 of 2023)
ATTORNEY GENERAL………………………………………………APPLICANT
VERSUS
BITWENDA PROPERTIES LTD.............................………………….……RESPONDENT
AFFIDAVIT OF SERVICE
I, Muji Banton, of c/o Quick Solutions Auctioneers, Plot 32 Lumumba Avenue, Suite 4A,
Kampala, Uganda, do hereby solemnly swear and state as follows:
1. That I am a licensed court process server and bailiff working with Quick Solutions
Auctioneers, and duly authorized to serve court documents and processes within the
jurisdiction of Uganda.
2. That on the 8th day of May 2025, I received from Counsel for the Judgment Creditor
a certified copy of a Garnishee Order Nisi issued by the Registrar of the High Court –
Commercial Division in the above-captioned matter, fixed for hearing on the 22nd day of
May, 2025.
3. That on the 9th day of May 2025, at about 10:30 a.m., I proceeded to the premises
of the Bank of Uganda, Plot 37/45 Kampala Road, Kampala, where I delivered the said
Garnishee Order Nisi to the Office of the Executive Director, who is the authorized
officer responsible for such communications.
4. That I introduced myself, explained the purpose of my visit to the receiving
officer/secretariat staff, and tendered to them a copy of the Garnishee Order Nisi. I
requested an acknowledgment of receipt, which was duly signed and stamped on my
copy of the order, in my presence.
5. That I retained the acknowledged copy of the Garnishee Order Nisi as proof of
service and now attach the same to this affidavit marked as annexure “A”.
6. That I swear this affidavit in confirmation that service of the Garnishee Order Nisi was
duly effected upon the Executive Director of Bank of Uganda in accordance with the law
and directions of court.
7. That what I have stated above is true and correct to the best of my knowledge and
belief.
SWORN at Kampala this … day of May, 2025
By me the said
Muji banton
MUJI BANTON
DEPONENT
BEFORE ME:
……………………………………
A COMMISSIONER FOR OATHS
DRAWN AND FILED BY:
A4 EVEN & CO. ADVOCATES
Plot 002 Kyamugoranyi,
MBARARA.
