WORKSHOP 1- TASK 1&2

BRIEF FACTS
Salongo Andrew filed civil suit No. 345 of 2022 salongo Andrew mukibi Vs Elverson
Namanya by way of specially endorsed plaint recovery of 120,000,000 interest and costs of
the suit at Mbarara High court.
Elverson Namanya filed a misc application No. 326 of 2022 for unconditional leave to
appear and defend which was dismissed on 17th October 2023.
Elverson co-owns a Range Rover sport 2023 model UBQ 589 B together with the fiancé.

ISSUES
1. What rights accrue to Salongo Andrew as the decree holder?
2. What modes of recovery are available to Salongo Andrew from the judgement debtor?
LAW APPLICABLE
1. The Civil Procedure Act Cap 71
2. The Civil Procedure Rules SI-71-1

RESOLUTION OF ISSUES

ISSUE 1: 1. What rights accrue to Salongo Andrew as the decree holder?

1. Right to extract the decree.
Section 2 (c) of the CPA defines a “decree” to mean the formal expression of an adjudication
which, so far as regards the court expressing it, conclusively determines the rights of the
parties with regard to any of the matters in controversy in the suit and may be either
preliminary or final.
Order 36 rule 5 of the CPR provides that the plaintiff is titled to a decree against the
defendant upon refusal of grant of the application for leave to appear and defend.
Order 21 rule 6(1) of the CPR provides that the decree shall agree with the judgement. It
should also contain numbers of the suit, names and description of the parties’ particulars of
the claim and shall specify the relief granted or determinant of the suit.
Order 21 rule 7 (2) CPR provides that it is the right and duty of the successful party to
prepare a decree and submit it for approval to the other parties in the suit. Asad v Livingstone
Oala (1985) HCB 50, court found that the general duty of extracting a decree is imposed on
the successful party because it is presumed that he will be anxious to execute the judgement.
 2. Right to execution
Unique Holdings v Business Skills- Trusts ltd HCMA No. 402 of 2012, justice Madrama
defined execution as in its widest sense signifies the enforcement of or giving effect to the
judgement or orders of courts of justice.
Section 30 of the CPA provides that a decree maybe executed by court that passed it or by
the court to which it is sent for execution.
Section 35(1) (a) CPA the decree must be executed within 12 years from the date of the
decree was sought to be executed.
Order 22 rule 7 is to the effect that where a decree holder desires to execute it, he or she
applies to court which passed the decree.
Jivandas v Administrator General of Zanzibar & Anor (1987) EA 718, it was held that
the successful party must take an extra step to enforce the judgement to realize its fruits.

ISSUE 2: What modes of recovery are available to Salongo Andrew from the judgement
debtor?
Section 38 of the CPA provide for execution and powers of court to enforce execution on
application of the decree holder by;
(a) by delivery of any property specifically decreed;
(b) by attachment and sale, or by sale without attachment, of any property;
(c) by attachment of debts;
(d) by arrest and detention in prison of any person;
(e) by appointing a receiver; or
(f) in such other manner as the nature of the relief granted may require

1. Arrest and detention in prison

A judgement debtor maybe arrested in execution of a decree under section 40 of the CPA.
Execution maybe by arrest in a civil prison.
Under Order 22 rule 34, the creditor applies to court to show cause and give reasons why he
should not be detained.
Hajji Hassa Bin Abdul v Ramathan Rajab 1987 HCB 36 court found that before a
judgement debtor is imprisoned he should first be served with a notice to appear and show
cause why she should not be detained.
Order 22 rule 36, requires that the judgement creditor is obliged to pay for the subsistence of
judgement debtor in prison at such a rate as court shall fix for its subsistence.
Section 41 of the CPA provides that the minister may fix scales of monthly allowances
payable for the subsistence of a judgement debtor.
However, under section 42 (1) CPA every detained in execution shall not be detained for a
period exceeding 6 months. Section 42(2) provides that the detention does not affect the
liability to pay the decretal sum.
2. by attachment and sale, or by sale without attachment, of any property.
Section 38(b) court can order execution of a decree by attachment and sale.
Order 22 rule 27, provides that every decree for payment of money may be executed by
attachment and sale of the judgement debtor’s property.
 In the instant facts, the vehicle URA motor Vehicle UBQ 589 B is co-owned by the
judgement debtor and his fiancé.
Order 22 rule 44 provides that where the property to be attached is co-owned in movable
property the attachment is made by notice to the judgement debtor prohibiting him or her
from transferring the share or interest in the property.
Therefore, the motor vehicle can be attached.

ISSUE 3. Whether the Range Rover Sport 2023 model, UBQ 589 B is liable for
execution process?
Black's Law Dictionary (5th ed. 1979)defines property as an aggregate of rights which are
guaranteed and protected by the government. The said property can be movable or
immovable.
As a general rule, the property that is available for execution process is that property that
belongs to the judgement debtor.
Sec 44 of the Civil Procedure Act Cap 71stipulates what property, including assets and
other saleable items that belong to the judgment debtor, may be attached and sold in
accordance with the decree. This pertains to whether the property is held in the judgment
debtor's name or in a different person's name acting in trust for them or on their behalf; an
expectation of succession included by survivorship or other purely contingent or potential
right or interest is not.
 In the given facts, the Range Rover qualifies to be property as per the Black’s law
dictionary and section 44 of the civil procedure Act. However, it can not be attached
for execution process because of the right of survivorship of the co-owner, the Fiance
as provided for as an exception to execution of property under section 44(h) of the
Civil Procedure Act.
TASK A(4)

What are the steps /procedures to take in pursuit of the said recovery process?
Section 25 of Civil Procedure Act Cap 71: After a case has been heard, Court shall pronoun
ce a judgment, and in that judgment, a decree shall follow.

A decree: s.2 (c ) of the CPA: Is the formal expression of an adjudication, which

conclusively determines the rights of parties with regards to any of the matters in controversy
in the suit and may be either preliminary or final.

Order 21 Rule 1 CPR provides that in suits where the hearing is necessary, the court after th
e case has been heard shall pronounce judgment in open court, either at once or some future d
ate of which due notice shall be given to the parties or their advocate.

O. 21 r 6 (1) of the CPR, the decree should: agree with the judgment; contain the number of
the suit, names and descriptions of the parties and particulars of the claim and specify clearly
the relief granted or other determination of the suit. Under O 21 R. 6(2), the decree shall also
state by whom or out of what property or in what proportion the cost incurred in the suit are
to be paid.
Preparation of decrees and orders- O. 21 R7
Or 21 r 7 (1) of the CPR: A decree shall bear the date of the day on which the judgment was
delivered. O.21 r 7 (2) – It is the duty of the successful party in the suit in the High Court to
draft a decree and submit it for the approval of the other party of the suit who shall approve it
with or without amendments or reject it with or without undue delay.
If the draft is approved, by parties, it shall be submitted to registrar who if he or she is
satisfied that it is drawn in accordance with the judgment, shall sign and seal the decree
accordingly.
If all parties and the registrar do not agree upon the terms of the decree within such a time as
the registrar shall fix then it shall be settled by the judge who pronounced the judgement, and
the parties shall be entitled to be heard on the terms of the decree.
The decree shall be drawn up and signed by the judge who pronounced it or by his or her
successor O.21 r 7 (4).

In Asadi Wake vs Living stone OCA (1985) HCB: General duty of extracting the decree is i
mposed on the sucessful party because it is presumed that he or she is anxious to execute the
decree. An unsuccessful party on the other hand is anxious to appeal, also has the duty to pres
ent his appeal and this includes extracting a decree which is a prerequisite in filing an appeal.

In Eastern Province Bus Company (1971) ULR 87, where the successful party in the first i
nstance fails to draft the decree, and the opposite party desires to appeal against the judgment,
they will have to go through steps to have the decree extracted.

O.21 r.8 (1) CPR provides that the decree or order shall not state the amount of the cost whic
h, after they have been taxed or otherwise ascertained, shall be stated in a separate certifica
te to be signed by the registrar or in the magistrate’s court by the magistrate.

Section 27 of CPA provides for the costs of the suit. Section 27 (3) CPA- The Court or judge
may give interest on costs at any rate not exceeding 6% per year and the interest shall be adde
d to the costs and shall be recoverable as such.

Steps for execution

1. Access a certified copy of the judgment by writing to the Registrar of the Court reque
sting for the same.
2. Peruse through judgment and understand the orders made by Court. The contents of t
he judgment must conform with Order 21 r 3 ,4 of the CPR.
3. The successful party is prepares a draft decree and submits it for approval to the
opposite party- Order 21 r 7(2) of the CPR. Therefore, one must be satisfied about the existe
nce of a decree at the time of the purported arrest.
4. Submit the approved copy of the decree to the Registrar of the Court that passed the j
udgment who shall cause both parties to appear as they do desire and may be heard in the ter
ms of the decree. Registrar will thereafter sign the approved copies if satisfied that the decree
is drawn up in accordance with judgement Order 21 r 7(2) of the CPR.
5. Obtain certified copies of the decree O. 21 r 20 of the CPR.
6. The successful party prepares the client’s bill of costs itemizing all expenses in the ca
se. The bill of costs must be prepared in accordance with Rule 37 and 47 of the Advocates
(Remuneration & Taxation of costs) Rules S. I 267-4
7. Extract taxation hearing notice, & file it together with a bill of costs in the Court Regi
stry (Pay Court Fees). Thereafter, serve a copy of the taxation hearing notice & bill of costs u
pon the opposite party.
8. Appearance before a judicial officer by both parties on the date appointed in the heari
ng notice for taxation proceedings.
9. Extraction of certificate of costs/taxation by the successful party’s Counsel and the sa
me signed by the judicial officer. Thereafter, serve certified copies of the decree and the certif
icate of taxation on the unsuccessful party, together with a Demand Notice for Satisfaction of
a decree.
10. If no compliance is made, file an application to court for execution. In Uganda Land
Commission V Park Royal HCMA no. 05/2004 Court held that the application for executio
n must clearly show the description of the property.
11. The application for execution should comply with Order 22 r 8(2), Order 22 r 14 of
the CPR. The law is that the decree order has to identify the mode of execution in accordanc
e with Section 38 of the CPA. In Madavia v Rattan Singh (1968) EA 146 at 149 court held
that it is the decree holder to select the appropriate mode of execution of his decree subject to
the discretion of court.
12. Order 22 rule 19: Court issues a notice to the judgment debtor to show cause why ex
ecution should not issue. Peter Gukiina vs Semwogerere P. K & Others electoral Petition
No. 4 1989 HCB 92 : where an application for execution is made after one year since judgme
nt was issued it was mandatory for the court executing a decree to issue a notice to the person
against whom execution is applied to show cause why execution should not issue.
13. The registrar then issues a warrant of attachment directing the sell or arrest. In
Semakula Fenekansi vs James Musoke & Ors [1981] HCB 46 it was held that no attachme
nt as other form of a decree can lawfully issue on a judgment that has been paid or satisfied b
efore the issue of a warrant.

DOCUMENTS FOR TASK A5

Decree
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI…………………………………………………………... PLAINTIFF
VERSUS
ELVERSON NAMAYA…………………………………………………...DEFENDANT
DECREE
This suit coming for final disposal this……………………. Day of ………………… 2024
before justice…………………………….in the presence of ……………………………
counsel for the plaintiff, IT IS HEREBY DECREED as follows;
IT IS HEREBY OREDERED AND DECREED as follows;
1. The plaintiff is entitled to the decretal sum of UGX 120,000,000 (one hundred twenty
million only).
2. Interest at a rate of 6% p.a from the date of filing of the suit till payment in full.
3. Costs of the suit.
GIVEN under my hand and seal of this Honourable Court this……day of ……………..2024

……………………………………………….
DEPUTY REGISTRAR

EXTRACTED BY;
BUTESIGWA & CO. ADVOCATES
PLOT 309 BLOCK 1
MAKENKE, MBARARA CITY
Application for execution
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI…………………………………………………………... PLAINTIFF
VERSUS
ELVERSON NAMAYA…………………………………………………...DEFENDANT

APPLICATION FOR EXECUTION

WE Butesigwa & Co. Advocates Plot 309, Block 1, Makenke, Mbarara City, and Counsel for
the Decree Holder hereby apply for execution of the decree herein below set forth;
Name of suit
Name of Parties
Date of Decree
Whether any appeal preferred from Decree
Amount of Costs awarded
Against whom to be executed
Mode in which the assistance of court is required

We Butesigwa & Co. Advocates plot 309, block 1 Makenke, Mbarara City, Counsel for the
Decree holder hereby apply for execution of a decree herein below set forth
I ANDREW MUKIIBI declare that what is herein stated in this application is true to the best
of my knowledge and belief.
DATED the ……………………………………..day of………………………………. 2024.
……………………………………
DECREE HOLDER

Drawn & Filed by;

Butesigwa & Co. Advocates
Plot 309, block 1
Makenke, Mbarara city.

Notice to show cause.

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI…………………………………………………………... PLAINTIFF
VERSUS
ELVERSON NAMAYA…………………………………………………...DEFENDANT

NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE.

TO; ……………………………………………………..
WHEREAS Butesigwa & Co. Advocates Plot 309 Block 1, Mbarara City have made an
application to this Court for execution of the Decree in Civil Suit No. 345 of 2022. You are
hereby required to appear before this Court on …………… day of ……………… 2024 at 10
o’clock in my chambers to show cause why execution of the said decree should not issue
against you.
GIVEN under my hand and seal of this Court this …………………day of February 2024.

…………………………………………..
DEPUTY REGISTRAR

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI…………………………………………………………... PLAINTIFF
VERSUS
ELVERSON NAMAYA…………………………………………………...DEFENDANT
TAXATION HEARING NOTICE
TO:
…………………………………………….
TAKE NOTICE that the hearing of this matter has been fixed this …………………. day of
February 2024 at 10 O’clock in the fore/afternoon or soon thereafter as the matter be heard in
this court.
If no appearance is made on your behalf, by yourself, your pleader or by someone by law
authorized to act for you, the matter will be heard and decided in your absence.
GIVEN under y hand and seal of this Honourable Court this ……...day of ……. 2024.

………………………………………..
REGISTRAR

Extracted by;
Butesigwa & Co. Advocates
Plot 309, block 1
Makenke Mbarara city.

Demand notice
BUTESIGWA & CO. ADVOCATES
PLOT 309, BLOCK 1
MAKENKE,
MBARARA CITY
17TH FEBRUARY
2024

Our Ref:
Your Ref:
TO: ELVERSON NAMAYA
Dear Sir,
RE: DEMAND FOR PAYMENT OF JUDGMENT DEBT VIDE CIVIL SUIT NO. 345
OF 2022.
We act for and on behalf of our client Andrew Mukiibi (judgment creditor) on whose
imperative instructions we address you as here under;
It is well within your know knowledge that on the 27th day of April 2022 judgment was
entered against you in civil suit No. 345 0f 2022 and that a decree was extracted thereupon
the same date.
We hereby demand on behalf of our client payment of Ugx 120,000,000 ( one hundred
twenty million only) being the decretal sum, and interest at 6% from the date of filing the suit
until payment in full, costs of the suit at a tune of 5,000,000 ( five million only) as taxed by
the Registrar of the court.
TAKE NOTICE that we have given you a period of 7 days from today to act upon the
claims and upon such failure, we shall proceed with commencement of execution
proceedings against you from the date of receipt of this notice.
Attached is a copy of the judgment, decree and bill of costs.
Expect no further warning!
Yours Faithfully,
…………………………….
Butesigwa & Co. Advocates

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI…………………………………………………………... PLAINTIFF
VERSUS
ELVERSON NAMAYA…………………………………………………...DEFENDANT
PLAINTIFF’S BILL OF COSTS

ITEM DATE PARTICULARS AMOUNT AMOUNT

TAXED TAXED OFF
1 17TH /08/2024 Drafting notice of
intention to sue
2 18/08/2024 Making 3 copies
thereof
3 To clerk to
 transport the
notice of
intention to sue
4 Upon instruction
fees to institute
civil suit No.345
of 2022 involving
subject matter of
UGX
120,000,000 /=
5 Drafting a
specially
endorsed plaint in
civil suit No. 345
of 2022
6 Making 3 copies
thereof
7 To clerk
attendance of
court registry to
file the plaint.
8 To extracting
summons to file a
defense
9 To making 3
copies thereof
10 To drafting an
affidavit of
service
11 To clerk to
attendance of
court to file the
affidavit of
service
12 To advocate to
attend court
13 To extracting
decree thereof
14 To clerk
attendance of
 court to file a
decree
15 To clerk
attendance of
court to get
certified
judgment
16 To extracting bill
of costs
17 To making 3
copies thereof
18 Extracting
taxation hearing
notice
19 To clerk to serve
taxation hearing
notice
20 To court
attendance to
clerk to file the
bill of costs

TOTAL

……………………………………………………………………………………………..
BUTESIGWA & CO. ADVOCATES
COUNSEL FOR THE PLAINTIFF

CERTIFICATE OF TAXATION
This is to certify that the plaintiff’s bill of costs has been taxed and allowed at
shs………………………..this …………………day of ………………………..2023
………………………………………..
REGISTRAR
PART B(1)
BRIEF FACTS
On 05/04/2020 three of the four partners of FIFI Holding namely Francis Musoke, Isabella
Naluyima and Firipo Kabanda obtained a loan from Mintage Bank of 300,000,000/= where
they mortgaged the partnership land and later on defaulted on payment. In their MOU of
28/5/2020, they had agreed to share the borrowed money equally amongst themselves.
Mintage bank instituted HCCS No. 395/2021 where court dismissed the suit against the 4th
partner (Ismeal Serugo) and the partnership and also ordered the 1st,2nd and 3rd defendants
jointly liable each to an extent of 100,000,000/= together with costs. Francis Musoke died in
December 2023 and his uncle Kabuye is the administrator of his estate. Francis still has
unregistered land that is approx. 25 decimals and a vehicle Reg No. UBA 168M which
however the administrator distributed to his mother but still is in Francis’ names. Isabella on
the other hand has a matrimonial house registered in her names located in Kyaggwe Block 76
Plot 17 Mukono District, while no information is available on the property of Firipo
Kabanda.
ISSUES
1. What modes of recovery are available to Mintage Bank from the judgement debtor?
LAW APPLICABLE
1. The Civil Procedure Act Cap 71
2. The Civil Procedure Rules SI-71-1
RESOLUTION OF ISSUES
ISSUE 1. What modes of recovery are available to Mintage Bank from the judgement
debtor?
Section 38 of the CPA provides for execution and powers of court to enforce execution on
application of the decree holder by;
(a) by delivery of any property specifically decreed;
(b) by attachment and sale, or by sale without attachment, of any property;
(c) by attachment of debts;
(d) by arrest and detention in prison of any person;
(e) by appointing a receiver; or
(f) in such other manner as the nature of the relief granted may require

1. Arrest and detention in prison (FIRIPO KABANDA)

A judgement debtor maybe arrested in execution of a decree under section 40 of the CPA.
Execution maybe by arrest in a civil prison.
Under Order 22 rule 34, the creditor applies to court to show cause and give reasons why he
should not be detained.
Hajji Hassa Bin Abdul v Ramathan Rajab 1987 HCB 36 court found that before a
judgement debtor is imprisoned he should first be served with a notice to appear and show
cause why she should not be detained.
Order 22 rule 36, requires that the judgement creditor is obliged to pay for the subsistence of
judgement debtor in prison at such a rate as court shall fix for its subsistence.
Section 41 of the CPA provides that the minister may fix scales of monthly allowances
payable for the subsistence of a judgement debtor.
However, under section 42 (1) CPA every detained in execution shall not be detained for a
period exceeding 6 months. Section 42(2) provides that the detention does not affect the
liability to pay the decretal sum.
Therefore, since Firipo Kabanda has no known property to his name, the judgement debtor
can execute by way of arrest and detention against him.
2. by attachment and sale, or by sale without attachment, of any property. –
(ISABELLA NALUYIMA & FRANCIS MUSOKE)
Section 38(b) court can order execution of a decree by attachment and sale.
Order 22 rule 27, provides that every decree for payment of money may be executed by
attachment and sale of the judgement debtor’s property.
 In the instant facts, the vehicle URA motor Vehicle UBQ 589 B is co-owned by the
judgement debtor and his fiancé.
Order 22 rule 44 provides that where the property to be attached is co-owned in movable
property the attachment is made by notice to the judgement debtor prohibiting him or her
from transferring the share or interest in the property.
Section 44 CPA provides that immovable property saleable belonging to the judgement
debtor may be attached.
In the instant facts, Isabella has a house comprised at Kyaggwe Block 76 Plot 17 Sonde-Jogo
Mukono district that is registered in her names and therefore it constitutes saleable
immovable property and thus can be attached.
In the case of FRANCIS MUSOKE
Section 37(1) CPA is to the effect that where the judgement dies before the decree has been
fully satisfied, the decree holder applies to court which passed the decree to execute the
decree against the legal representative of the deceased.
Section 37(2) the legal representative is only liable to the extent of the property of the
deceased that has not been disposed of.
In the instant facts, the representative of the estate of the late of Musoke, (Kabuye
Christopher) has partially distributed the deceased’s property. The available property of the
deceased is 25 decimals of unregistered land comprised at Bujjuko, along Mityana Road
given that the vehicle Reg. No. UBA 168M has already been distributed.
TASK B ( 2)

Whether a motor vehicle, land, life stock and agricultural produce are properties liable
for execution of a decree?
Section 44(1) of the Civil Procedure Act sets out the different properties liable for execution
which include both movable and immovable property.
Section 44(1) equally sets out property that are not liable for execution of a decree which
include
among others, the necessary wearing apparel, cooking vessels, beds and bedding of the
judgement debtor.
The general rule is that all movable property of the debtor liable for attachment must be
sufficiently identified and described both in the application.
 FrancisMusoke’s car and land are properties liable for execution of a decree.
 Naluyima Isabella’s land comprising in Kyaggwe Block 76 Plot 17 also constitutes
property liable for execution of the decree.
 In respect to Firipo Kabanda, since there is no information in respect of his property,
the decree holder has to apply to court under Order 22 Rule 38 for the examination
of the judgement debtor as to his property. For the judgment debtor that passed on,
execution is to be made against his legal representative. The requirement of serving a
notice to show cause is mandatory as per Order 22Rule 19(1).

Order 22 Rule 41 governs the attachment of agricultural produce. It is provided that where
the property to be attached is agricultural produce, the attachment shall be made by affixing a
copy of the warrant of attachment where the produce is a growing crop on the land on which
the crop is growing or where the produce has been cut of gathered on the barn or the place in
which it is deposited and another copy on the outer door or on some other conspicuous part of
the house in which the judgment debtor ordinarily resides or with leave of court on the part of
the house where he or she carries on business or personally carries on business or works for
gain.
Order 22 Rule 40 governs the attachment of movable property other than agricultural
produce in the possession of the judgement debtor.

TASK B(3)

What steps should be undertaken in pursuit of an execution process?

Step 1
 Peruse the judgement of HCCS No 395 of 2021 and understand the orders made. O 21
Rule 3 CPR provides that judgment should be dated and signed by the judge at the
time of pronouncing it.
Step 2
 Extract a decree from the judgment of HCCS No 396 of 2021Section 30 of the CPA
provides that a decree maybe executed either by the court that passed it or by the court
to which it is sent for execution.
Order 21 Rule 6(1) provides that the decree shall agree with the judgement contained in the
number of suit, the names and description of the parties and particulars of the claim and shall
specify clearly the relief granted or other determination of the suit.
O 21 Rule 6(2) provides that the decree shall also state the by who or out of what property or
in what proportion the costs incurred in the suit are to be paid.
O 21 R 7(1) provides that a decree shall bear the date of the day on which the judgement was
delivered.
Step 3
 Seek approval of the decree, O 21 Rule 7(2) provides that it shall be the duty of the
party who is successful in the suit in the High Court to prepare without delay a draft
decree and submit it for the approval of other parties to the suit who shall approve it
with or without amendment or reject it without reasonable delay.
If the draft is approved by the parties, it shall be submitted to the registrar who if he or she is
satisfied that it is drawn up in accordance with the judgement shall sign and seal the decree
accordingly.
If all parties and registrar do not agree on the terms of the decree, it shall be settled by the
judge who pronounced the judgement and the parties shall be entitled to be heard on the
terms of the decree they so desire.
O 21 R 7(3), in a magistrate court, the decree shall be drawn up and signed by the magistrate
who pronounced it or by his or her successor.
Step 4
 File the decree in court after paying the relevant court fees
Step 5
 Where the judgement was entered with costs to the decree holder, draft a bill of costs
together with taxation hearing notices and finally obtain a certificate of taxation.
Reg 47 of the Advocates (Remuneration & Taxation of costs) Regulations provides for
the manner of preparing a bill of costs.
Step 6
  Serve a copy of the decree to the judgement debtor together with a notice demanding
the satisfaction of the decree.
Step 7
 If no compliance is made, then file on application to the court for execution of the
decree pursuant to O 22 Rule 8(2)
O 22 Rule 19(1) provides that where an application for execution is made more than one year
after the date of the decree or against the legal representative of the party to a decree, the
court executing the decree shall issue a notice to the person against whom execution is
applied for, requiring him or her to show cause on a date to be fixed why the decree should
not be executed against him or her.
Section 35 CPA, requires a decree to be executed within 12 years from the date of judgement
except where it is a decree granting an injunction or that the decree all along was defeated by
the losing party’s fraud.

DOCUMENTS PART B(4)

Demand Notice
B1&CO.
ADVOCATES
PLOT 1143
KAMPALA-UGANDA
17TH February
17, 2024
Your Ref
M/s FIFI Holdings
P.O Box 77 Natete-Wakaliga
Kampala
RE: DEMAND NOTICE
We refer to the above :
We act for and on behalf of MINTAGE BANK herein referred to us our client whose
address of service for the above purpose of this notice shall be B1 & Co Advocates, P.O
BOX 1143 KAMPALA UGANDA and on whose instructions we address you as follows;
1. That on 05/04/2020 three of the four partners constituting M/s FIFI Holdings namely
Francis Musoke,Isabella Naluyima and Firipo Kabanda approached with a loan
application for UGX 300,000,000 (Uganda shillings three hundred million) and the
 purpose of the loan was to finance the purchase of a concrete mixer machine for the
said partnership business.
2. The bank then granted the loan and caused registration of a mortgage on the
partnership property as an encumbrance. However the applicants defaulted repayment
of the entire loan.
3. In August 2020, MINTAGE Bank filed a summary suit under HCCS No.395/2021 at
the civil Division against four defendants namely:M/s FIFI Holdings,Francis
Musoke, Isabella Naluyima and Firipo kabanda(as 1st, 2nd ,3rd and 4th defendants
respectively.) seeking to recover the UGX 300 Million interest thereon at 20% p.a
and costs. Summons were effected personally on the three persons but none of sought
leave to file a defence.
4. That when the fourth partner in the partnership learnt about the pending suit against
the three co- partners on his return from abroad. He then filed Miscellaneous
Application No. 315/2021 to file a defence on behalf of the partnership and also
sought an order to join the suit as a necessary defendant contending that orders under
the suit if granted would affect him.
5. Court then allowed MA No. 315/2021 with orders for leave to the partnership to file a
defence; and Ismael Serungo to be added as the 5th defendant to the suit. He also
attached the Memorandum of Understanding which the other three partners had
entered into and also challenged the mortgage on grounds that it had been
fraudulently acquired against the partnership property.
6. That a default judgment was entered against the 2nd ,3rd and 4th defendants and court
ordered that they were jointly liable and each to the extent of UGX 100,000,000 as
per their executed money sharing on the MOU.
7. It is stated that till now none of the three defendants or their legal representatives has
made any attempts to discharge their decretal obligation. We therefore hold you liable
for any inconveniences caused to our client.
TAKE NOTICE, that our client has suffered tremendous losses from your actions of failure
to pay the above loan. Hence you are required to do the following, failure of which actions
shall be taken against you.
-Pay our client a sum of 300,000,000 million Ugandan shillings plus all the interest that have
accrued on it at 20% p.a and cost.
…………………………
B1 &CO ADVOCTES

Drawn and Filed by:

B1& [Link]
P.O BOX 1143
KAMPALA- UGANDA
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL DIVISION
CIVIL SUIT NO 395 OF 2021
1. MINTAGE BANK……………………………………….PLAITIFF
VERSUS
1. FRANCIS MUSOKE
2. ISABELLA NALUYIMA
3. FIRIPO KABANDA…………………………………..DEFENDANTS
DECREE
This matter is coming up for final disposal before Justice Anatori Kirigwajjo this ………. day
of………….2024 in the presence of the plaintiff and the defendants.
IT IS HEREBY DECREED AND ORDERED AS FOLLOWS:
1. A declaration that the plaintiff was entitled to repayment of a loan of
UGX 300,000,000 Uganda Shillings that the 1st, 2nd and 3rd defendants
borrowed stating that they would pay an amount equivalent to each
ones share.
2. Execution be made on the property of each defendants upon failure to
pay the above loan on a date that will be stated.
3. General damages of UGX 20,000,000 for the inconveniences caused to
the plaintiff.
4. Each party to bear its own costs.
GIVEN under my hand and seal of this Honorable Court this 19th day of February 2024.
……………………………….
JUDGE
Extracted by:
B1 & CO ADVOCATES
P.O BOX 1143
KAMPALA UGANDA
Notice to show cause
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO 395 OF 2021
MINTAGE BANK………………………………………………..PLAINTIFF
VERSUS
1. FRANCIS MUSOKE
2. ISABELLA NALUYIMA
3. FIRIPO KABANDA…………………………………….DEFENDANTS NOTICE
TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE
TO: [Link] MUSOKE
2. ISABELLA NALUYIMA
3. FIRIPO KABANDA
WHEREAS Counsel for the plaintiff/ decree holder has applied to court that execution
process be issued against you in respect of the above mentioned matter.
YOU ARE HEREBY summoned to appear before this court on the ……..day of ……2024
at 0’clock to show cause why execution should not issue against you.
Given under my hand and seal of this honorable court this ……….day of………2024.

…………………………………..
JUDGE

Bill of costs
IN THE HIGH COURT OF UGANDA AT KAMPALA
(CIVIL DIVISION)
BILL OF COSTS No. _________OF 2024
(Arising From Civil Suit Case No. 395 of 2021)
MINTAGE BANK _______________________________ DECREE HOLDER
VERSUS
1. FRANCIS MUSOKE
2. ISABELLA NALUYIMA
3. FIRIPO KABANDA ______ JUDGMENT DEBTORS
NOTICE OF LODGEMENT OF BILL OF COSTS BY THE DECREE HOLDER
TAKE NOTICE that Counsel for the Decree Holder has lodged with the Honourable Court a
Bill of Costs for purposes of taxation of costs arising from CIVIL SUIT Case No. 395 of
2021 and awarded by the Court in its Judgment dated 14Th November 2022.
GIVEN under my HAND and SEAL of the COURT
this ________ day of _____________________, 2024
________________
TAXING MASTER
FORM 5
APPLICATION FOR EXECUTION OF DECREE
ORDER XXII, rule 8
IN THE HIGH COURT OF UGANDA AT KAMPALA
(CIVIL DIVISION)
CIVIL SUIT NO.395 of 2021
MINTAGE BANK ……………………………………………PLAINTIFF
VERSUS
1. FRANCIS MUSOKE
2. ISABELLA NALUYIMA
3. FIRIPO KABANDA……………………………………………DEFENDANTS
APPLICATION FOR EXECUTION OF DECREE
(Under O.22 r 8 Civil Procedure Rules)
We, Butesigwa & Co. Advocates for Decree-holder, hereby apply for execution of the decree
herein below set forth

No. of Suit HCCS NO. 395 OF 2021

Date of decree 14th November 2022
Name of Parties MINTAGE BANK versus FRANCIS
MUSOKE, ISABELLA NALUYIMA
FIRIPO KABANDA
Whether any appeal has been preferred from NONE
the decree
Payments or adjustments made if any NIL
Previous application, if any, with date and N/A
result
Amount with interest due upon the decree or UGX 100,000,000
other relief granted thereby together with
particulars of any cross-decree
 Amount of costs, awarded is ……
Against whom to be executed Against the 2nd, 3rd and 4th defendants

(When attachment and sale of movable property is sought.) I pray that the total amount of
shs. 100,000,000 (together with interest on the principal sum up to the due date of payment)
and the costs of taking out this execution, be realised by attachment and sale of defendant’s
movable property as per annexed list and paid to me.
(When attachment and sale of immovable property is sought.) I pray that the total amount of
shs. 100,000,000 (together with interest on the principal sum up to date of payment) and the
costs of taking out this execution, be realized by attachment and sale of defendant’s
immovable property specified at the foot of this application and paid to me.
I, Mbuubi Nicholas, Manager Credit, Mintage Bank declare that what is stated in this
application is true to the best of my knowledge and belief.
_______________________________________
Decree Holder
Dated the ______ day of _______________, 2024
(When attachment and sale of immovable property is sought):
Description and specification of property:
The undivided one-third share of the judgment debtor in a house situated in the village of
Kyaggwe Block Plot 76, Plot 17 and located at Sonde Jogo Mukono District in the name
Isabella Naluyima.
I, Mbuubi Nicholas, Manager Credit, Mintage Bank declare that what is stated in the above
description is true to the best of my knowledge and belief, and so far, as I have been able to
ascertain the interest of the defendant in the property therein specified.
________________________________
Decree Holder
Drawn and filed by;
Butesigwa & Co. Advocates

DOCUMENTS FOR TASK A5

Decree
THE REPUBLIC OF UGANDA
 IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
ELVERSON NAMAY[Link]NDANT
DECREE
This suit coming for final diposal this……………………. Day of ………………… 2024
before justice…………………………….in the presence of ……………………………
counsel for the plaintiff, IT IS HEREBY DECREED as follows;
IT IS HEREBY OREDERED AND DECREED as follows;
1. The plaintiff is entitled to the decretal sum of UGX 120,000,000 (one hundred twenty
million only).
2. Interest at a rate of 6% p.a from the date of filing of the suit till payment in full.
3. Costs of the suit.
GIVEN under my hand and seal of this Honorable Court this………………day of
……………..2024

……………………………………………….
DEPUTY REGISTRAR

EXTRACTED BY;
BUTESIGWA & CO. ADVOCATES
PLOT 309 BLOCK 1
MAKENKE, MBARARA CITY
 Application for execution
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ELVERSON NAMAY[Link]NDANT

APPLICATION FOR EXECUTION

WE Butesigwa & Co. Advocates Plot 309, Block 1, Makenke, Mbarara City, and Counsel
for the Decree Holder hereby apply for execution of the decree herein below set forth;
Name of suit
Name of Parties
Date of Decree
Whether any appeal preferred from
Decree
Amount of Costs awarded
Against whom to be executed
Mode in which the assistance of
court is required

We Butesigwa & Co. Advocates plot 309, block 1 Makenke, Mbarara City, Counsel for the
Decree holder hereby apply for execution of a decree herein below set forth
I ANDREW MUKIIBI declare that what is herein stated in this application is true to the
best of my knowledge and belief.
DATED the ………………………………………..day of……………………………….
2024.
……………………………………
DECREE HOLDER
Drawn & Filed by;
Butesigwa & Co. Advocates
Plot 309, block 1
Makenke, Mbarara city.
 Notice to show cause.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ELVERSON
NAMAY[Link]NDAN
T

NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE.

TO; ……………………………………………………..
WHEREAS Butesigwa & Co. Advocates Plot 309 Block 1, Mbarara City have made an
application to this Court for execution of the Decree in Civil Suit No. 345 of 2022. You
are hereby required to appear before this Court on …………… day of ………………
2024 at 10 o’clock in my chambers to show cause why execution of the said decree
should not issue against you.
GIVEN under my hand and seal of this Court this …………………day of February
2024.

…………………………………………..
DEPUTY REGISTRAR

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022

ANDREW MUKIIBI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ELVERSON
NAMAY[Link]NDAN
T
TAXATION HEARING NOTICE
 TO:…………………………………………….
TAKE NOTICE that the hearing of this matter has been fixed this ………………….day
of February 2024 at 10 O’clock in the fore/afternoon or soon thereafter as the matter be
heard in this court.
If no appearance is made on your behalf, by yourself, your pleader or by someone by law
authorized to act for you, the matter will be heard and decided in your absence.
GIVEN under y hand and seal of this Honorable Court this ……..day of
……………………. 2024.

………………………………………..
REGISTRAR
Extracted by;
Butesigwa & Co. Advocates
Plot 309, block 1
Makenke Mbarara city.

Demand notice
BUTESIGWA & CO.
ADVOCATES
PLOT 309, BLOCK 1
MAKENKE,
MBARARA CITY
17TH FEBRUARY
2024

Our Ref:
Your Ref:
TO: ELVERSON NAMAYA
Dear Sir,
RE: DEMAND FOR PAYMENT OF JUDGMENT DEBT VIDE CIVIL SUIT NO.
345 OF 2022.
We act for and on behalf of our client Andrew Mukiibi (judgment creditor) on whose
imperative instructions we address you as here under;
It is well within your know knowledge that on the 27th day of April 2022 judgment was
entered against you in civil suit No. 345 0f 2022 and that a decree was extracted
thereupon the same date.
We hereby demand on behalf of our client payment of Ugx 120,000,000 ( one hundred
twenty million only) being the decretal sum, and interest at 6% from the date of filing the
suit until payment in full, costs of the suit at a tune of 5,000,000 ( five million only) as
taxed by the Registrar of the court.
TAKE NOTICE that we have given you a period of 7 days from today to act upon the
claims and upon such failure, we shall proceed with commencement of execution
proceedings against youfrom the date of receipt of this notice.
Attached is a copy of the judgment, decree and bill of costs.
Expect no further warning!
Yours Faithfully,
…………………………….
Butesigwa & Co. Advocates

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA
CIVIL SUIT NO. 345 OF 2022
ANDREW MUKIIBI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ELVERSON NAMAY[Link]NDANT
PLAINTIFF’S BILL OF COSTS

ITEM DATE PARTICULARS AMOUNT AMOUNT

TAXED TAXED OFF
1 17TH /08/2024 Drafting notice
of intention to
sue
2 18/08/2024 Making 3 copies
thereof
3 To clerk to
transport the
notice of
intention to sue
4 Upon instruction
fees to institute
civil suit No.345
 of 2022
involving
subject matter of
UGX
120,000,000 /=
5 Drafting a
specially
endorsed plaint
in civil suit No.
345 of 2022
6 Making 3 copies
thereof
7 To clerk
attendance of
court registry to
file the plaint.
8 To extracting
summons to file
a defense
9 To making 3
copies thereof
10 To drafting an
affidavit of
service
11 To clerk to
attendance of
court to file the
affidavit of
service
12 To advocate to
attend court
13 To extracting
decree thereof
14 To clerk
attendance of
court to file a
decree
15 To clerk
attendance of
court to get
certified
judgment
16 To extracting
bill of costs
17 To making 3
copies thereof
18 Extracting
taxation hearing
notice
 19 To clerk to serve
taxation hearing
notice
20 To court
attendance to
clerk to file the
bill of costs

TOTAL

…………………………………………………………………………
…………………..
BUTESIGWA & CO. ADVOCATES
COUNSEL FOR THE PLAINTIFF

CERTIFICATE OF TAXATION
This is to certify that the plaintiff’s bill of costs has been taxed and allowed at
shs………………………..this …………………day of ………………………..2023

………………………………………..
REGISTRAR
Drawn & filed by;
Butesigwa & Co. Advocates
Plot 309, block 1
Makenke Mbarara city.

PART C
BRIEF FACTS
David K. Mukisa, Samuel K. Mukisa , Mary K. Mukisa , Hanifa K. Mukisa , Shifa
Mubiru and Habibu K. Mukisa are proprietors of the suit property on the 9th August, 2002
vide Instrument No. KLA 345276 by virtue of transfer from the original proprietor Charles
Kaposi Mukisa. That only David K. Mukisa and Sylvia Mukisa are of age.
That on the 9th February 2024. Sylvia received a notice of sale of their house arising from an
order of attachment from Civil Suit No. 768 of 2004, Civil Division. Sun pay (U) ltd v
Serunkuma Deogratius wherein judgement was delivered against Serunkuma Deogratius.
They have at all material times been in control of the attached house by currently letting it to
the tenants from 1st November, 2003 to Taqwa Al’Daawal Islamiyaa Uganda Mission.
Sylvia having been aware of attempts to forge their title she brought it to the attention of the
Commissioner Land Registration which Commissioner gave her audience and decided to
issue notice to the directors of Sun pay (u) ltd and Charles Kaposi Mukisa.

ISSUES
1. Whether Silyvia Mukisa has sufficient grounds to institute objector proceedings?
LAW APPLICABLE
1. The Civil Procedure Act Cap 71
2. The Civil Procedure Rules SI 71-1
RESOLUTIONS
ISSUES: 1. Whether Silyvia Mukisa has sufficient grounds to institute objector
proceedings?
Order 22 rule 55 provides that where any claim is preferred to or any objection is made to
attachment of any property attached in execution of a decree on grounds that the property is
not liable to attachment the court shall proceed to investigate the claim.
Upon execution by way of attachment of property which allegedly does not belong to the
judgement debtor, such attachment can be contested where the claimant maintains that the
property is not liable to such attachment.
DFCU Bank (U) Ltd v NN Hardware (U) ltd and Zeyne Enterprises ltd, court noted that
a party can object to attachment and saleof their property if they are in possession of the
property and it does not belong to the §bailiff.
The rationale is to protect the third parties against improper and misconceived executions.
Order 22 rule 57 is to the effect that the court is bound to order the release of the attached
property if it finds that possession is in the claimant.
Moses Kamya v Sam Lukwago HCMA No. 271 of 2010, where the application was
brought under order 22 rule 55 and 56 and 57. Court held that the title of the property at the
time of attachment is crucial. It is important to determine what kind of interest the claimant
had in the property at the time of attachment. And that this interest should not be academic
but a right in law.
Therefore, Silyvia Mukisa has sufficient grounds to institute objector proceedings since the
land belongs to her and not the judgement debtor.
PART C(2)
What is the procedure for objector proceedings against attachment of suit land vide
instrument no. KLA 345276?
O.22 rule 55 of the CRP provides that where any claim is preferred to or any objection is
made to the attachment of any property attached in execution of a decree on the ground that
the property is not liable to the attachment, the court shall proceed to investigate the claim or
objection with the like power as regards the examination of the claimant or objector and in all
other respects, as if he or she was a party to the suit; except that no such investigation shall be
made where the court considers that the claim or objection was designedly delayed.
Rule 55(2) states that where the property to which the claim or objection applies has been
advertisement for sale the court ordering the sale may postpone it pending the investigation of
the claim or objection.
Rule 56 adds that the claimant or objector shall adduce evidence to show that at the date of
the attachment he or she had some interest in the property attached.
Rule 57 Where upon the investigation under rule 55 the court is satisfied that for the reason
stated in the claim or objection the property was not, when attached, in the possession of the
judgment debtor or of some person in trust for him or her, or in the occupancy of a tenant or
other person paying rent to him or her, or that, being in the possession of the judgment debtor
at that time, it was so in his or her possession not on his or her own account or as his or her
own property, but on account of or in trust for some other person, or partly on his or her own
account and partly on account of some other person, the court shall make an order releasing
the property, wholly or to such extent as it thinks fit, from attachment.
The application is in form of motion on notice and an affidavit in support as provided under
order 52 rule 1 and 3, section 33 of the judicature act and section 98 of the Civil Procedure
Act Cap 71.

FORUM

PART C3
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISCELLANEOUS APPLICATION NO. 001 OF 2024
[Arising from civil suit no.768 of 2022]
SYLVIA MUKISA………………………………………………………………..
APPLICANT /OBJECTOR
VERSUS
SUNPAY (U) LTD……………………………………………RESPONDENT/JUDGMENT
CREDITOR
SERUNKUMA DEOGRATIUS…………………………….. RESPONDENT/JUDGMENT
DEBTOR
 NOTICE OF MOTION
(Under Section 33 of the judicatory Act cap 13, Section 98 of Civil procedure Act Cap
71, Order 22 Rule 55,56 and 57 , Order 52 Rule 1 and 3 of the Civil procedure Rules.)
TAKE NOTICE that the court shall be moved on the 22nd day of February, 2024 at 11
O’clock in the forenoon or thereafter as Counsel for the Applicants can be heard on an
application for Declarations and orders that;
a) Land and fixtures situate at Kibuga Block 2Plot 769 at Rubagabe deemed not liable
for attachment as the same belongs to the objector.
b) The purported sale of the attached property be nullified or set aside.
c) Costs of the application.

TAKE FURTHER NOTICE that the grounds in support of this Application are contained in
Affidavit in support of SYLVIA MUKISA and DAVID K MUKISA that shall be read and
relied on at the hearing but briefly are that;
a) That the Applicant herein claim interest in the attached property as the lawfully
registered owner of the suit land.
b) The Applicants further claim that they are in constructive possession of the property
through a tenant who pays monthly rent to them.
c) The Judgment Debtor herein has no interest in the attached property.
d) There is a likelihood of the attached property being sold or put in possession of a third
party and the Objector will suffer irreparable loss if the said property is not released
from attachment and/or execution.
DATED at Kampala this 17th day of February 2024
___________________________________________________
COUNSEL FOR THE APPLICANT

Drawn by
M/s Butesigwa& Co Advocates,
Plot 309 Block 1
Makenke, Mbarara City
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISCELLANEOUS APPLICATION NO. 001 OF 2024
[Arising from civil suit no.768 of 2022]
SYLVIA MUKISA………………………………………………………………….
APPLICANT/OBJECTOR
VERSUS
SUNPAY (U) LTD…………………………………………….RESPONDENT/JUDGMENT
CREDITOR
SERUNKUMA DEOGRATIUS ::::::::::::::::::::::::::::::::: RESPONDENT/JUDGMENT
DEBTOR

AFFIDAVIT IN SUPPORT.
I,SYLVIA MUKISA of C/O M/s Butesigwa& Co Advocates, Plot 309Makenke, Mbarara
City, do solemnly make an oath and swear as follows;
1. That I am a Female adult Ugandan of sound mind, the objector in this matter in which
capacity I depone this Affidavit.
2. That on the 9th of August, 2002, David k Mukisa, Samuel K Mukisa, , Mary K
Mukisa, HanifaK Mukisa, Shifa Mubiru and Habibu K Mukisa and I became
proprietors of the suit property vide instrument No. KLA 345276 by virtue of a
transfer from the original proprietor Charles Kaposi Mukisa.(A copy of the certificate
of tile is attached and marked Annexure A)
3. That on the 1st day of November 2003, on behalf of myself and the joint proprietors, I
executed a tenancy agreement with TaqwaAldaawal Islamist's Uganda Mission.
(Attached Herero is a copy of the tenancy agreement marked B)

4. That on the 9th of February 2024, I was called by the tenant and informed that they
had been issued with notices of sale of my house and which notices were arising from
an order of attachment arising from civil suit no. 768 of 2022..
5. That upon conducting due diligence, I found out that civil suit no768 of 2022 was
between Sun pay (u) Ltd v Serunkuma Derogations wherein on the 30 th of January
2024, an order was effected attaching my property.(Attached here to is a copy of the
order marked Annexure “B”)
 6. That the 2nd respondent previously tried to forge the certificate of title but through our
former lawyers to wit; PNA Advocates found in Nakasero, we brought it to the
attention of the commissioner land registration and a notice was given to the directors
of Sunpay(u) ltd.
7. That I aver and contend that the judgment debtor has no interest whatsoever in the suit
property as the same belongs to me and the other registered proprietors named on the
certificate of Title.
8. That I am in constructive possession of the attached property as I rented it put to
TAQWA AL’DAAWAL ISLAMIYAA UGANDA and under clause 8(d) of the
tenancy agreement, I am allowed to enter the premises upon notice of not less than 48
hours.
9. That I humbly ask this honorable court to grant this application that if its not granted
there is a likelihood of the attached property being sold and put in possession of a
third party and I together with my siblings will suffer irreparable damage if the
property is not released from attachment and execution.
10. That whatever I have stated herein above is true to the best of my knowledge and
belief.
SWORN at Kampala this 17th day of February 2024 by the said
SYLVIAMUKISA
__________________________________________
DEPONENT

BEFORE ME :
________________________________________________
A COMMISSIONER FOR OATHS

Drawn by
M/s Butesigwa& Co Advocates,
Plot 309 Block 1
Makenke, Mbarara City