"Judges should use Common Sense" – Museveni tells off Judiciary over attempted sale of National Mosque.

President Yoweri Museveni has described as ‘sick logic’, attempts by some individuals and public institutions to sell off the Old Kampala Mosque also known as Gadaffi National Mosque.

Museveni expresses concern over the fact that the attachment of Muslim property was pronounced by the Judiciary

“Really, what sane Person let alone a judge can make such orders?” Museveni poses a question in a letter written and addressed to the Chief Justice of Uganda Alphonse Owiny Dollo.

“How can a Mosque or Church be attached for debts carelessly entered into by officials of that faith?”

This is one other question Museveni poses before he tells the Judiciary to use Common sense.

“If there is no law protecting institutions of Worship, then Common sense is there”, says Museveni.

This Museveni’s letter was in reaction to one written to him by the Mufti of Uganda His Eminence Sheihk Shaban Ramathan Mubajje on 29th November, 2023.

In it was what he described as quarrels about the sale of Muslim properties. Museveni says he had not given it much attention because he had confidence in the Judiciary to handle. He was however surprised and disappointed.

“I had been hearing about those wrangles but I had not focused my attention to them because I knew there are capable National Institutions for those issues especially the Judiciary which you head”, said Museveni in his letter to Owinyi – Dollo.

Judges should use Common Sense – Museveni tells off Judiciary over attempted sale of National Mosque

President Yoweri Museveni has described as ‘sick logic’, attempts by some individuals and public institutions to sell off the Old Kampala Mosque also known as Gadaffi National Mosque.

Museveni expresses concern over the fact that the attachment of Muslim property was pronounced by the Judiciary.

“Really, what sane Person let alone a judge can make such orders?” Museveni poses a question in a letter written and addressed to the Chief Justice of Uganda Alphonse Owiny Dollo

“How can a Mosque or Church be attached for debts carelessly entered into by officials of that faith?”

This is one other question Museveni poses before he tells the Judiciary to use Common sense.

“If there is no law protecting institutions of Worship, then Common sense is there”, says Museveni.

This Museveni’s letter was in reaction to one written to him by the Mufti of Uganda His Eminence Sheihk Shaban Ramathan Mubajje on 29th November, 2023.

In it was what he described as quarrels about the sale of Muslim properties. Museveni says he had not given it much attention because he had confidence in the Judiciary to handle. He was however surprised and disappointed.

“I had been hearing about those wrangles but I had not focused my attention to them because I knew there are capable National Institutions for those issues especially the Judiciary which you head”, said Museveni in his letter to Owinyi – Dollo.

President Museveni’s Letter to Chief Justice Owiny – Dollo

It was on the above basis that Museveni asked the Chief Justice to review an earlier decision by a Justice of the High Court Commercial Division to have the Uganda Muslim Supreme Council property including the National Mosque attached.

“You should study all those”, says Museveni who adds that he was provoked by the audacity of attaching a National Mosque.

“The NRM Freedom Fighters and the government they head cannot be associated with such sick Logic”, concludes Museveni’s letter to Chief Justice dated 07th December, 2023.

Museveni’s letter was made public barely days after Court of Appeal stayed the Auctioning of Muslim Property.

The decision was taken by three justices led by Deputy Chief Justice Richard Buteera.

The halt to the auctioning of assets results from a quest by business man Justus Kyabahwa to recover his 19.2 billion shillings owed by Uganda Muslim Supreme Council (UMSC)

How the Matter has evolved

A few weeks ago, Justice Christopher Gashirabake, sitting as a single judge of the court of Appeal, dismissed an appeal by Uganda Muslim Supreme Council (UMSC).

It sought to stay the judgment and decree from High court civil suit No.505 of 2023 until the appeal resulting from the same was fully heard and disposed of.

The ruling caused tension among the Muslim Community as it gave Louiza Auctioneers the legal pathway to attach eight prime properties belonging to UMSC.

Acting on behalf of Justus Kyabahwa, the Uganda Muslim Supreme Council had a choice to either pay a debt of 19.2 billion shillings or let the assets be attached.

Among those properties included Old Kampala Mosque, Masjid Noor and shops), leasehold land 2771 Folio 2, Plot 5463 in Kyadondo, land at Kyanja, and a one square mile tract of land in Buikwe, among others.

The Supreme Council was given up to 21st December 2023 to pay Justus Kyabahwa.

The Thursday morning Court of Appeal Ruling in favor of halting the property sale promised to release details on Notice.

Lady Justice Irene Mulyagonja, and Justice Geoffrey Kiryabwire were part of three justices on the Panel.

How it all started

It was on 16th November, 2023 that the Commercial Division of the High Court issued a warrant of attachment to sell immovable property belonging to Uganda Muslim Supreme Council.

This was meant to recover a debt of Shillings 19.2 billion owed to Kyabahwa Justus by December 21st 2023.