Mufti Mubajje, Supreme Council sued over Sembabule land sale
Mufti of Uganda, Sheikh Shaban Ramadan Mubajje addressing journalists at Uganda Muslim Supreme Council on April 23, 2020. PHOTO BY ABUBAKER LUBOWA
What you need to know:
- It is alleged that on June 24, 2020, Muslim leaders, in disregard of the interests of Islamic faith, sold land in Sembabule to businessman Arthur Kayanja.
The Leader of Uganda Muslim Supreme Council (UMSC), Sheikh Shaban Ramadhan Mubajje, has been sued for allegedly selling land without the consent and or consultation of believers.
It is alleged that on June 24, 2020, Muslim leaders, in disregard of the interests of Islamic faith, sold land in Sembabule to businessman Arthur Kayanja.
In a case filed before the High Court in Masaka, a group of 11 Muslim leaders in Sembabule District, allege that the transaction carried out in the name of UMSC as the seller is tainted with fraud, illegalities and bad faith.
Sheikh Mubajje is jointly sued with UMSC, Supreme Council Secretary General Ramathan Mugalu and businessman Kayanja.
The land in dispute, formerly known as Mawogola Ranch, is at Bukiragi-Ntuusi Village, Lwemiyaga County.
It is alleged that the transaction was done on land under caveat and that it was purchased at a price below the fair market value to cheat the institution and government of its revenue.
Through their lawyers, the Muslim leaders contend that the transaction was done without due diligence and during a period of government moratorium [suspension of activity] on all land transactions including land purchases as a measure to curb on fraud during the Covid-19 pandemic.
“The third defendant (Kayanja) entered into the purchase transaction without first consulting the occupier on the land and the key stakeholders to ascertain the nature of the interests,” reads the complaint, adding that the UMSC guidelines were neither considered.
It is alleged that the land was sold at a time when Mr Mugalu’s tenure in office had expired and it was never lawfully renewed by the general assembly.
They are now seeking court orders to cancel the purchase and a permanent injunction barring Sheikh Mubajje, Mr Mugalu and Mr Kayanja from ever transacting such business.
The complainants are Ismeal Weraga, Hussein Matovu, Isa Rukandonda, Hajj Yasin Lubowa, Abdu Nasiri Mugisha, Sheikh Abdullah Mutazindwa, Sheikh Jjuma Muwalimu Mukiibi, Musa Nzogiroshya, Sheikh Bruhan Zziwa, Sheikh Swaibu Kirumira, Abasi Mukiibi, Taremwa Elias Kayongo, Swaibu Kintu and Hussein Zirimenya.
Defence
However, in their defence, the UMSC leaders contend that the case is defective and misconceived for it does not disclose any reasonable cause of action against them.
They contend that they have managed the affairs of the Supreme Council in accordance with the established structures and that all consultations, resolutions and consents were obtained.
“…all officials servicing in the offices of the fourth defendant (UMSC) in dealing with land transaction in the issue save for the plaintiffs who acted and are still acting outside the internal established procedures of handling complaints administering the institution’s property and submitting to the Constitutional authority which they have acted against,” reads a copy of the defence.
On the issue of caveat on the disputed land, the UMSC leaders allege that the caveat by Enterprise Handling Services Limited no longer had effect as the ground for the alleged equitable interest collapsed when the Muslim Council never received the money they had promised as compensation.
