NEWS– The Court of Appeal in Kampala on Thursday issued a temporary injunction against the sale of prime Muslim property within the city.
This follows a decision by the court, presided over by three justices, to allow an application by the Uganda Muslim Supreme Council to stop businessman Justus Kyabahwa from seizing and selling their properties.
The request was based on a fraudulent land transaction that allegedly led Kyabahwa to a commercial court ruling condemning UMSC to pay him nearly Ugx 19 billion for failing to give vacant possession of a piece of land in Ssembabule.
The court, led by Deputy Chief Justice Richard Buteera, Geoffrey Kiryabwire, and Irene Mulyagonja, has said that they will issue the detailed reasoning for their decision overturning that of their single colleague Justice Christopher Gashirabake at a later date.
Uganda Muslim Supreme Council had appealed Gashirabake’s decision, and the three-justice panel granted them temporary relief and this means Kyabahwa cannot seize the Muslim property until the appeal is heard and decided.
The Court of Appeal decision in the matter comes days after President Yoweri Kaguta Museveni wrote to the Chief Justice Alphonse Owiny Dollo Chiga-moi asking him to personally handle the case in which the Uganda Muslim Supreme Council (UMSC) properties were attached.
According to a letter dated December 7th addressed to Owiny Dollo and signed by President Museveni titled, “warrant of attachment and sale of immovable property on the Uganda Muslim Supreme Council “, President Museveni noted that a sane person can not attach or sell a Mosque or church.
The President said that he was surprised when the Mufti of the Uganda Muslim Supreme Council Sheikh Shaban Ramathan Mubajje in a letter dated November 29th wrote to him indicating the impasse they were going through which included the sale of National Mosque at Old Kampala.
“What sane person, let alone a Judge can make such orders?” President Museveni wondered, and added, “How can a Mosque or Church be attached for debts carelessly entered by the officials of the faith?”.
President Museveni therefore requested Chief Justice Owiny Dollo to review the matter and see how to restore sanity.
President Museveni made categorically clear that Mufti Mubajje other examples of misconduct and collusion which should be studied.
He said that the NRM freedom fighters and the government they lead can not be associated with such sick logic.
