By THE OBSERVER UG
Gadaffi Mosque at Old Kampala
The Court of Appeal has temporarily stopped businessman Justus Kyabahwa from auctioning prime Uganda Muslim Supreme Council (UMSC) property to recover Shs 19.2 billion resulting from a failed land deal.
The panel of three justices comprising deputy chief justice Richard Buteera, Geoffrey Kiryabwire, and Irene Mulyagonja, delivered the verdict on Thursday in response to UMSC’s application for a stay of execution pending an appeal.
Court noted that the initial attachment orders were marred by irregularity and malice. The judges also noted that Kyabahwa’s lawyers failed to conduct due diligence before attaching the listed property including the Gaddafi National Mosque.
The justices orally approved the stay but haven’t yet provided the detailed reasons for their decision, which will be delivered later in writing. The UMSC legal team was led by counsel Musa Kabega and Dr Adam Kibwanga Makmot.
Other lawyers on the team included counsels Faisal Balikurungi, Abbas Bukenya, and Akram Kyambadde. Kyabahwa’s lawyer, Ahmed Kalule, clarified that the decision doesn’t overturn the High court’s judgment, emphasizing that UMSC remains indebted. UMSC initially lost at the Commercial court and subsequently filed for a stay of execution to prevent the attachment of their properties.
However, a single judge, Christopher Gashirabake, dismissed their application two weeks ago. Unsatisfied with the single judge’s decision, UMSC pursued their application to be heard by a coram of three justices, which has now overturned the ruling, allowing the stay of execution.
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