The Court of Appeal in Kampala has rejected the auctioning of the Old Kampala Gadhafi Mosque, one of Uganda Muslim Supreme Council’s (UMSC) property, quoting irregularities and lack of due diligence by the defense.
The ruling presided over by three Judges namely the Deputy Chief Justice Richard Buteera, Lady Justice Irene Mulyagonja and Justice Geoffrey Kiryabwire halted the auctioning of the mosque on the basis of irregularities involved, citing mismanagement and lack of due diligence by Justus Kyabahwa’s legal team (defense).
The Court’s decision follows a successful filing of an application by UMSC against businessman Kyabahwa who wanted to corruptly sale the council’s property for around Ugx 19.2Bn from a land transaction of two square miles in Ssembabule which was fake.
The Court of Appeal’s verdict comes just before the set auctioning date of December 21, 2023 by Kyabahwa.
The UMSC’s legal team which was able to present their case before court was led by Counsel Musa Kabega, and Counsel Dr. Adam Kibwanga Makmot, among others. However, Kyabagwa’s legal team was absent at the time of proceedings, according to Ashraf Zziwa, the Spokesperson of UMSC.
President Yoweri Kaguta Museveni in a letter to Chief Justice Alfonse Owinyi Dolo dated December 7, 2023, cautioned against the sale of Muslim or church property on the basis of careless accumulation of debts by the leaders of a certain faith.
“How can a Mosque or Church be attached for debts carelessly entered into by officials of that faith? If there is no law protecting Institutions of Worship, then common sense is there,” the President noted.
He asked the judiciary to study and assess the issues surrounding UMSC and return sanity.
“I therefore, request you to review this matter yourself and see how to restore sanity,” President Museveni added.
Sheikh Obeid Kamulegeya, the Chairperson of the UMSC advisory committee on the other hand cautioned Muslims against getting involved in the ongoing fundraising organized by a group of individuals to raise around Ugx 19Bn to clear the debt.
Sheikh Kamulegeya who was addressing the media at Old Kampala asked the Judges handling the UMSC case to understand and follow the UMSC constitution.
He urged a section of Muslims demanding for the resignation of Mufti Sheikh Shaban Ramadhan Mubaje to patiently wait until the results of the report are out.
“I urge all Muslims not to politicize the current Muslim property wrangles. It’s unmuslim for any leader to discuss issues of Muslims in markets or playgrounds,” Sheikh Kamulegeya said.
The Sheikh asked the Uganda Muslim Lawyers Association (UMLAS) that dragged Mufti Mubaje and Kyabahwa to court to channel their grievances to the committee of UMSC whose constitution was funded by Ugandan government to handle such matters.
Uganda Muslim Supreme Council is the mother organization and governing body of all Muslims in Uganda.
