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President Yoweri Museveni has requested Chief Justice Alfonse Chigamoy Owiny-Dollo to review a sh19b debt verdict regarding the attachment of the Gaddafi National Mosque in Old Kampala. The debt stems from a failed land deal between the Uganda Muslim Supreme Council (UMSC) and businessman Justus Kyabahwa.

President Yoweri Museveni has asked Chief Justice Alfonse Chigamoy Owiny-Dollo, to review a sh19b debt verdict on the attachment of Gaddafi national mosque in Old Kampala.

Gaddafi national mosque, located on Plot 23-25 at Old Kampala, is among the eight properties that were slated for attachment over failure by the Uganda Muslim Supreme Council (UMSC), to pay sh19b, owed to Lyantonde businessman Justus Kyabahwa.

The debt arose from the botched Ssembabule land deal between UMSC and Kyabahwa. The land is comprised in LRV 3693 FOLIO 12, ranch number 31A at Ssembabule.

On November 16, 2023, the Commercial Court ordered the attachment of eight prime properties belonging to UMSC over failure to pay the debt.

President Museveni’s request follows a letter dated November 29, 2023, written by the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje to Museveni.

“I, therefore, request you to review this matter yourself and see how to restore sanity. His Eminence Mubaje alleges other examples of misconduct and collusion. You should study all those. What, however, provoked me was the audacity of attaching the National Mosque. The National Resistance Movement fighters and the Government they head, cannot be associated with sick logic,” Museveni stated.

The President said he was not surprised to read Mubaje’s letter that among the muslim properties to be affected is the National Mosque at Old Kampala.

“Really, what sane person, let alone a judge can make such orders? 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,” Museveni noted.

The President said he has been hearing about the wrangles involving UMSC and the businessman, but he had not focused his attention on them because there are national institutions responsible for those issues, especially the Judiciary.      

The letter comes a day after lawyers under their umbrella body, Uganda Muslim Lawyers Association Limited sued Mubajje alongside UMSC, its former secretary general Ramadhan Mugalu and Kyabahwa at the Civil Division of the High Court in Kampala.

In their suit, the lawyers purport that the trio facilitated the execution of an illegal and fraudulent transaction that is undermining the constitutional right of the Ugandan Muslims to practice their religion in peace and dignity.

They contend that Kyabahwa through fraudulent and corrupt inducements to Mubajje and Mugalu, orchestrated a fraudulent and illegal transaction, calculated to strip the UMSC and the entire Muslim community of their properties including the national mosque, in violation of the right of Muslims to practice their faith with dignity.

Background

On June 24, 2020, the UMSC sold 2-acre piece of land at Ssembabule to Kyabahwa.  The land is comprised in LRV 3693 Folio 12 ranch number 31A at Sembabule district.

Following the transaction, Albert Muganga also claimed the same property, stating that he has a running lease on it, which he had secured from Ssembabule Muslim district council.

Consequently, Muganga dragged UMSC, Mubajje and Mugalu to Masaka High Court.

In a judgement dated December 24, 2022, Justice Victoria Nakintu Katamba, issued an order, compelling UMSC to transfer the certificate of title to Enterprise Uganda Limited, owned by Muganga upon payment of sh620m unpaid contractual price at an interest rate of 24 percent per annum since 2017 to finalise the transaction.

Justifying her decision, the judge said the land had been given to Enterprise Uganda Limited upon deposit of sh280m, which was acknowledged by Mugalu.

The land in question had been donated to UMSC by the Uganda’s former President Idi Amin in 1974. It was formerly known as Mawogola ranch at Bukiragi-Ntuusi Lwemiyaga in Sembabule district.

Double loss

Following the Masaka High Court decision, Kyabahwa also sued UMSC at the Commercial Court, seeking recovery of sh18.9b for the land in accumulated interest, value of the land, damages, breach of contract, among others.

Subsequently, Justice Harriet Magala on August 7, this year, ruled in favour of Kyabahwa and directed the UMSC to pay the money. The ruling followed an application by UMSC contesting Kyabahwa claim.