KAMPALA -Justice Christopher Gashirabake, sitting as a single justice for Court of Appeal on Wednesday dismissed an application which was filed by Uganda Muslim Supreme Council (UMSC) seeking to stay the judgement and decree from High court civil suit No.505 of 2023 until the appeal resulting from the same is fully heard and disposed off.
Gadaffi national Mosque (courtesy photo)
On November 16th 2023, High Court Commercial Division issued a warrant of attachment to and sale of immovable property belonging to Uganda Muslim Supreme Council to recover a debt of Shillings 19.2 billion to Kyabahwa Justus by December 21st 2023
The order directed Louiza Auctioneers to attach eight prime properties which included ; 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 Bukwe, Hoima. Also due for enforced sale is a one acre piece of land on Lubas Road in Jinja City; land in Mbale City; shares in Uganda Ranchers Ltd and Commercial Holdings Ltd, subsidiaries of the UMSC under which two square miles of land is owned in Migyera-Buluri and land in Entebbe opposite Victoria Mall.
In his ruling delivered today, justice Gashirabake noted that having perused all evidence presented to court , he made findings that there is no way through which the applicant was going to suffer irreparable damage if the order to stay is not issued.
“I agree with Counsel for the Respondent that the Applicant has not brought forth sufficient evidence that it will suffer harm that cannot be atoned by an award of damages. Indeed, all the Applicant has done is to urge the Court that if execution proceeds, it may never be able to recover its properties from third parties. In my view, recovery of a property sold in execution of a decree and atonement of damage that may arise thereby, are two different things.”
The judge noted that it is possible that judgment- debtor whose property is sold in execution of a decree may never be able to recover the same, yet any damage that may be suffered thereby can be atoned by an award of damages.
“In the circumstances of this case, the Applicant has failed to prove that it has a likelihood of success in the pending appeal or that it will suffer any damage or harm that cannot be atoned by an award of damages.”
Therefore , court dismissed the application and the order for costs will be abide the outcomes of the pending appeal on the same matter.
“By reason of this decision, Civil Application No.1204 of 2023: Uganda Muslim Supreme Council Vs Kyabahwa Justus for an interim order for stay of execution is overtaken by events and is also hereby dismissed with costs.” ruled Court.
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