THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE
MISCELLANEOUS APPLICATION NO……………OF 2024
(ARISING FROM CIVIL APPEAL NO. 007 OF 2018)
(ALL ARISING FROM LAND SUIT NO. 27 OF 2017)
NAGUDI
KETTY:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
1. NAMBUBA ZITTA
2. WOMENA DAMASCO
3. NABUDE GERTRUDE::::::::::::RESPONDENTS/JUDGMENT
CREDITORS
4. MATIBOYI DAVID
5. WANIALA JAMES
AND
NANGABO PAUL:::::::::::::::::::::::::::::::::::::::::::::JUDGMENT
DEBTOR
NOTICE MOTION
(Brought Under Section 98 of the Civil Procedure Act, Order 22
rules 55, 56 and 57 of the Civil Procedure Rules, Order 52 rules
1&3 of the civil Procedure Rules)
TAKE NOTICE THAT this Honourable court shall be moved on
the………………day of………………2024 at …………………O’clock in the
fore/afternoon or soon thereafter as the Applicant shall move this
Honourable court for orders that: -
1. The land at Logoli hills, Bumasifa parish, Bumujibole Sub-county,
Bulambuli District and land in bumugibole Trading centre, Bulambuli
District be released from attachment or execution.
2. The warrant of attachment issued in Civil Appeal No. 007 of 2018 be
stayed or set aside.
3. Costs of this suit be provided for.
TAKE FURTHER NOTICE that the grounds of this Application are
contained in an Affidavit of NAGUDI KETTY which shall be relied upon but
briefly are that: -
1. The Applicant is legally married to the judgment debtor through
church marriage (See copy of marriage certificate attached
and marked as Annexture ‘A’)
2. That the land at Logoli hills, Bumasifa parish, Bumujibole Sub-
county, Bulambuli District and land in bumugibole Trading centre,
Bulambuli District is matrimonial property.
3. That the Applicant has interest in both pieces of land subject to
attachment since the same is family land and not the judgment
debtor’s land, in any case he was holding it in trust of the family.
4. That at the time of attachment or issuance of warrant of
attachment and sale in execution, the Applicant was in constructive
possession of the same.
5. That it is just and equitable that this Application is granted
….…………………
APPLICANT
LODGED in the High Court registry of Mbale this honourable court this
…………… day of ……………. 2024.
…………….………………….
DEPUTY REGISTRAR
Drawn & Filed by: -
The Applicant
0788878606
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE
MISCELLANEOUS APPLICATION NO……………OF 2024
(ARISING FROM CIVIL APPEAL NO. 007 OF 2018)
(ALL ARISING FROM LAND SUIT NO. 27 OF 2017)
NAGUDI KETTY :::::::::::::::::::::::::::::::::::::::::::::::::::::::::
APPLICANT
VERSUS
1. NAMBUBA ZITTA
2. WOMENA DAMASCO
3. NABUDE GERTRUDE ::::::::::: RESPONDENTS/JUDGMENT
CREDITORS
4. MATIBOYI DAVID
5. WANIALA JAMES
AND
NANGABO PAUL :::::::::::::::::::::::::::::::::::::::::::: JUDGMENT
DEBTOR
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I, NAGUDI KETTY of Logoli Village, Bumasifa Parish, Bumugibole Sub-
county, Bulambuli District, the Applicant herein and do solemnly depone
to the contents of this affidavit in support of the Application in that
capacity as hereunder: -
1. That I am legally married to the judgment debtor herein by virtue of
church marriage celebrated the 14th of January 2012 at Mater-Dei
catholic Church (see attached a copy of the marriage
certificate is hereto attached and marked as Annexture ‘A’)
2. That the judgment debtor filed Civil Suit No. 27 of 2017 against the
Respondents in the Chief Magistrate’s court of Sironko Holden at
Bulambuli and lost the same in favour of the Respondents.
3. That as a result, he filed Civil Appeal No. 007 of 2018 in the High
Court of Mbale and subsequently lost the same.
4. That a warrant of attachment and sale in execution has been issued
by this Honourable court and therefore there is imminent threat to
wrongfully attach the said pieces of land. (see copy of warrant of
attachment and sale attached and marked as Annexture ‘B’)
5. That I was never a party to all the above suits from which the
warrant of attachment and sale arises from.
6. That during the subsistence of our marriage, we have at all times
treated the pieces of land land at Logoli hills, Bumasifa parish,
Bumujibole Sub-county, Bulambuli District and land in bumugibole
Trading centre, Bulambuli District as matrimonial property.
7. That the said pieces of land have always been used for cultivation
from where the family derives sustenance and therefore treated as
matrimonial property.
8. That besides growing food crops, the said pieces of land have coffee
plantations from which we have always got school fees to educate
our children and family sustenance.
9. That all the pieces of land subject to attachment herein are not
owned by the judgment debtor rather family/matrimonial property
wherein I have interest as a legally married wife.
10. That I was never a party to all the above suits from which the
warrant of attachment and sale arises from.
11. That by the time the warrant of attachment and sale was
issued by this Honourable court, I was in possession of the same by
way of cultivation of coffee plantations and other food crops for
sustenance of the family.
12. That in all the listed pieces of land in the warrant of
attachment and sale, the judgment debtor has no ascertained
interest and therefore should be released from attachment.
13. That the judgment creditors have other options of execution
available to them and therefore shall not be prejudiced in any way if
this Application is granted.
14. That it is in the interest of justice that this Application is
granted releasing the said pieces of land from attachment.
15. That I depone to the contents of this Affidavit in support of this
Application to object to the attachment and sale of the said pieces
of land.
16. That whatever I have stated herein is true and correct to the
best of my knowledge.
Dated at Mbale this …….………………… day of
………………………………………………… 2024
SWORN BY the said NAGUDI KETTY ….
………………
DEPONENT
DRAWN & FILED BY: -
The Applicant
0788878606