THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO…………OF 2025
(ARISING FROM MISCELLANEOUS APPLICATION NO…. OF 2025)
[ARISING FROM CIVIL SUIT NO. 640 OF 2023]
MOSES OCHAMA ::::::::::::::::::::::::::::::::::::::::::::
APPLICANT/OBJECTOR
VERSUS
KAMPALA WOOD INDUSTRIES LTD:::::::::::::::
RESPONDENT/JUDGEMENT CREDITOR
NOTICE OF MOTION
(Under Order 22 rule 55, 56 & 57 and Order 52 rule 1 & 2 of the Civil
Procedure Rules SI 71-1)
TAKE NOTICE that this HONORABLE COURT shall be moved on the 20th
day of February 2025 at 8:00 O’clock in the fore/afternoon as Counsel for the
Applicant shall be heard on orders that:
1. The order of attachment and sale of Land comprised in Busiro Block
383 Plot 1420 in the names of Mosese Ochama be set aside.
2. That the said land be released from attachment.
3. The costs of this Application to be provided for.
TAKE FURTHER NOTICE that this application is supported by an affidavit of
MOSES OCHAMA which contains the grounds of this Application and shall
be read and relied upon at the hearing, but briefly are as follows;
a) That the Applicant is the registered proprietor of the land comprised in
Busiro Block 383 Plot 1420.
b) That the Applicant was in possession of the said land at the date of
attachment.
c) That the Applicant was holding possession of the said land on his own
account.
d) THAT it is within the interest of justice that this Application be
granted.
DATED at Kampala this……………………day of……………………………2025.
……………………………………………………
(COUNSEL FOR THE APPLICANT)
GIVEN under my Hand and Seal of this Honourable Court this ……………..
day of……………………..….. 2025.
…………………………………………….
REGISTRAR
DRAWN & FILED BY:
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO…………OF 2025
(ARISING FROM MISCELLANEOUS APPLICATION NO…. OF 2025)
[ARISING FROM CIVIL SUIT NO. 640 OF 2023]
MOSES OCHAMA ::::::::::::::::::::::::::::::::::::::::::::
APPLICANT/OBJECTOR
VERSUS
KAMPALA WOOD INDUSTRIES LTD :::::::::::::::
RESPONDENT/JUDGEMENT CREDITOR
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I MOSES OCHAMA c/o Lutaaya & Kalungi Co. Advocates P.O Box 200
Kampala solemnly swear and state as follows.
1. That I am a male adult Ugandan of sound mind, the Applicant in this
matter and swear this affidavit in that capacity.
2. That the Respondent is the successful party in Civil Suit No.640 of
2023 to which the Applicant was not a Party. (A copy of the
Judgement is attached and marked annexure ‘A’)
3. That the Respondent obtained a warrant of attachment and sales in
respect of land comprised in Busiro Block 383 Plot 1420. ( Copy of
the Warrant of Attachment is attached and marked annexure
‘B’)
4. That on the 12th day of February 2025, Muji Banton of Quick Solution
Auctioneers attached the said land.
5. That the Applicant is the owner and registered proprietor of the said
land.( A copy of the Certificate of Title is attached and marked
annexure ‘C’)
6. That the said land is developed with storeyed apartments and it is the
Applicant’s place of residence with his family. ( Photographs of the
land and LC1 Introductory Letter is attached and collectively
marked annexure ‘D’)
7. That the Applicant was in possession of the land at the time of its
attachment Quick Solution Auctioneers.
8. That it is within the interest of justice that the land comprised in
Busiro Block 383 Plot 1420 is released from attachment.
9. That I swear this affidavit in support of the Application.
10. That whatever I have stated herein above is true and correct to
the best of my knowledge.
SWORN at Kampala this…………………….. day of ………………………….2025
By the said:
MOSES OCHAMA
…………………………………………….
DEPONENT
BEFORE ME:
………………………………………………………
COMMISSIONER FOR OATHS
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO…………OF 2025
(ARISING FROM MISCELLANEOUS APPLICATION NO…. OF 2025)
[ARISING FROM CIVIL SUIT NO. 640 OF 2023]
MOSES OCHAMA ::::::::::::::::::::::::::::::::::::::::::::
APPLICANT/OBJECTOR
VERSUS
KAMPALA WOOD INDUSTRIES LTD :::::::::::::::
RESPONDENT/JUDGEMENT CREDITOR
SUMMARY OF EVIDENCE
The Applicant shall adduce evidence to prove that he is the registered owner
of the said land, it is his place of residence with his family and he was in
possession of the land at the time of attachment.
LIST OF DOCUMENTS
1. All Annexures.
2. Others with leave Court
LIST OF WITNESSES
1. Mr. Moses Ochama
2. Any other with Leave of Court
LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda, 1995 (as amended)
2. The Judicature Act Cap 16
3. The Evidence Act Cap. 8
4. The Civil Procedure Act Cap. 282
5. The Civil Procedure Rules SI 71-1
6. Case Law
7. Any other with leave of court.
DATED at Kampala this……………………day of……………………………2025.
……………………………………………..
(COUNSEL FOR THE APPLICANT)
DRAFTED & FILED BY:
