BY TV10GanoMazima Special Report..
Jinja High Court judge Shamilah Faridah Bukirwa has returned back from the holy city of Mecca where she had traveled last year after issuing Court Order allowing the Uganda Muslim Supreme Council (UMSC) to hold a Special Delegates Assembly to discuss the ongoing alleged mismanagement of the Muslim properties.
Bukirwa’s orders were partly executed when a section of Delegates of the UMSC held a Special Delegates Assembly at Ggangu in Wakiso district and impeached Sheikh Shaban Ramathan Mubajje from the Office of the mufti of Uganda and replaced with Sheikh Abdallah Ssemambo in the acting capacity for six months as the investigations against Mubajje and his executive continue.
Mubajje’s lawyers led by Musa Kabega secured a temporary stay of the execution of justice Bukirwa’s orders given to them by Jinja Court judge Dr Winfred Nabisinde.
Kabega also filed another application at the High Court Civil Division in Kampala seeking to review the orders issued by Justice Bukirwa.
They them overturned and overruled by Justice Alexandra Nkonge who handled the matter on behalf of the Principal Judge Dr. Flavian Zeija explaining that she didn’t have the powers to review the orders issued by a judge at the same level.
Nkonge stayed the execution of Justice Bukirwa’s orders and referred the file back to Jinja for review. Since then, all parties have been looking for Justice Bukirwa because she is the one going to seal their entire fate.
Highly placed sources at Jinja Court told TV10GanoMazima that immediately after issuing the orders, Justice Bukirwa received leave and traveled to Mecca to pray at Kabha so that Allah brings back peace among Muslims in Uganda.
“She is very fresh from the holy city, now you have to address her as Hajjat Shamilah and she is ready to review the file as Mubajje’s lawyers requested and before the end of this month, this legal standoff will be sealed off,” a source close to her said.
Bukirwa’s orders resulted from an application filed at her court by Yudaya Babirye, Burhan Namanya and Hussein Simbwa against UMSC and Mubajje and the respondents were well represented by their lawyers led by Kabega.
The applicants were protesting the manner in which UMSC properties and affairs were managed. Both parties are waiting for Justice Bukirwa’s announcement as Al-Hajji Abdallah Kiyimba who is leading the fight to oust Mubajje out of the Mufti’s office, and Ashiraf Muvawala the UMSC spokesperson is boasting that they will surely win.
However,TV10GanoMazima has established that if Mubajje loses the review application, lawyers on the other side are set to protest their appeal challenging the orders on grounds that they were out of time to make an appeal on the matter.
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They have also finalised the legal process of instituting criminal charges on private prosecution practice against Mubajje, Muvawala and other UMSC executive members and the exercise is led by Counsel Erias Nalukoola.
All Mubajje’s troubles started with a Court Order issued by Justice Harriet Magala to auction UMSC properties.
The judge allowed city businessman Justus Kyabahwa to auction the UMSC properties to recover his Shs19bn debt from UMSC.
Mubajje signed an agreement for Kyabahwa selling to him land in Ssembabule district which was already sold to another person who refused to vacate it.
Among the UMSC properties put on the list of the properties to be auctioned include: Land in Leasehold Register Volume KCCA 149 Folio 16 land at Kampala City William Street which houses tabliq mosque.
Others are, Lease Register Volume 2771 Folio 2, Old Kampala Plot 23-25 which houses the national Muslim mosque and the Muslim headquarters, Kyadondo Block 195 plot 5463 Land at Kyanja Kampala City, one square miles of land at Bukwe Hoima district, one acre of land located at Lumbas, Jinja city, plot of land at Mbale city, shares in Uganda Rancheers Ltd & Commercial Holdings Ltd, Subsidiaries to Uganda Moslem Supreme Council that own 2 square miles land at Migyera-Buluri, plot of land at Entebbe Municipality opposite Victoria Mall.
