Property Sale: UMSC Applies for Stay of Execution
The Uganda Muslim Supreme Council (UMSC) has filed an application for a stay of execution, following the High Court’s (Commercial Division) decision to attach its prime properties. The affected properties include the UMSC headquarters in Old Kampala, as well as properties situated in Entebbe, Jinja, Mbale, and Nakasongola districts.
The application is scheduled to be heard by the Court of Appeal on November 22nd, 2023. The UMSC Secretary General, Hadji Abbas Sekyanzi Muluubya disclosed this at a media briefing he jointly addressed with his Deputy in charge of Finance and Administration, Counsel Haj Muhammad Ali Aluma at the UMSC headquarters on Monday.
In a three-page statement, Muluubya provided background on the court case initiated by Mr. Justus Kyabahwa, a wealthy based businessman, against the UMSC in June 2023. Kyabahwa sought compensation for land comprised of Ranch 31 A, in Ssembabule District. The sale agreement stipulated that Mr. Kyabahwa, as the purchaser, paid Shillings 3,584,000,000 to the UMSC for the said property.
Both parties acknowledged the presence of squatters on the land and agreed to collaborate in their eviction. However, Kyabahwa, without the knowledge of UMSC, employed individuals to forcefully evict the squatters, resulting in destruction prompting the squatters to sue the UMSC, the case is still pending final determination in court.
Three years after the dispute arose, in June 2023, Kyabahwa sued the UMSC, demanding compensation amounting to Shillings 18,909,184,000 for the land. The UMSC was not given an opportunity to defend itself. Instead, the Court hastily passed a judgment granting compensation, disregarding principles of justice and fairness.
Even upon expressing dissatisfaction with the ruling, the High Court dismissed UMSC’s concerns, claiming failure to show cause. Subsequently, Kyabahwa applied for execution orders to attach UMSC properties for money recovery, despite the pending appeal in the Court of Appeal.
The statement further explains that despite the pending appeal, the High Court allowed Kyabahwa to file a notice to show cause and swiftly granted a warrant to attach the listed properties across different districts. Muluubya assured Muslims that the Council’s legal team is diligently working to ensure justice prevails against those attempting to seize its properties. He urged all Muslims to support the Council in this legal battle, discouraging unnecessary disunity fueled by misguided elements within the community.
Counsel Aluma highlighted the High Court’s error in disregarding crucial facts, denying the UMSC a fair chance to present its case. He emphasized the rapid handling of the case, even during court vacations, as a major challenge the UMSC is contesting due to its unfairness and lack of justice. The media briefing was attended by Sheikh Imran Ssali, Secretary for Religious Affairs, and Sheikh Ali Juma Shiwuyu, Secretary for Hija and UMRA.
