KAMPALA: The Court of Appeal has halted the sale of Uganda Muslim Supreme Council (UMSC) properties by a city businessman Justus Kyabahwa who seeks to recover a sum of Shs19.2 billion UMSC owes him.
Kyabahwa was on November 29 cleared to auction several Muslim prime properties by Court of Appeal’s Justice Christopher Gashirabake when he dismissed UMSC’s appeal that had sought to stop the sale of its properties.
“In the circumstances of this case, the applicant (UMSC) 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 for by an award of damages. Clearly, the balance of convenience would be in not granting this application for stay of execution but to allow the party (the businessman) with the judgment in hand to proceed with the execution process,” ruled Justice Gashirabake.
The UMSC, however, challenged the ruling before a panel of three justices led by Deputy Chief Justice Richard Buteera who on Thursday temporarily stopped the sale of the properties.
“We have listened to both counsels for the parties and the written submissions of counsel for the applicants. We grant a stay of execution pending the hearing of the pending appeal. We shall give detailed reasons on notice.”
The attachment court order arose out of a protracted sale of land in which the UMSC sold land located in Sembabule District to Kyabahwa at Shs3.5 billion.