The Court of Appeal has dismissed Uganda Muslim Supreme Council’ (UMSC) petition which sought to halt the sale of eight properties of over 19 billion debt.
On June, 24, 2020, UMSC and Justus Kyabahwa entered into a sale agreement for the land comprising LRV 3693 Folio 12, Ranch 31A Land, Ssembabule. The land was allegedly occupied by squatters.
According to the agreement, both parties agreed that the squatters will be given 60 days to vacate the said land; however after three days, Kyabahwa and his agents attacked the squatters which prompted one of the squatters to drag UMSC to court over the loss of their properties.
It is averred that the land in questions had caveats thereon. The encumbrances were allegedly known by Kyabahwa. Three years later, Kyabahwa dragged UMSC to court seeking Shs 18.9 billion compensation for the said land. Court however agreed with the applicant. Following the court ruling, UMSC appealed the ruling.
Last week, Kyabahwa sought instructions from the Commercial Division of the High Court Registrar to sell eight properties. The properties a plot in Entebbe opposite victoria Mall, two square miles of land in Migyera, plot of land at Mbale City, one acre of land on Lubas road Jinja, One square mile at Buikwe, Plot of land at Kyanja, plot 23-25 old Kampala and plot 30 on William street.
Upon seeking the advert, UMSC petitioned court seeking for halting the sale of its properties.
In his ruling delivered earlier today, Court of Appeal judge Christopher Gashirabake dismissed UMSC’s petition.
“The applicant has failed to prove that it has livelihood of success in the pending appeal or that it will suffer any damage or harm that cannot be atoned by an award of damages. The balance of convenience would be in not granting the application for stay of execution but to allow the party with judgment in hand to proceed with the execution process,” he ruled.
