The Court
of Appeal in Kampala has temporarily stopped businessman Justus Kyabahwa from
auctioning prime Uganda Muslim Supreme Council property to recover Shillings
19.2 billion resulting from a failed land deal.
The panel of three justices including Deputy Chief Justice
Richard Buteera, Geoffrey Kiryabwire, and Irene Mulyagonja, delivered the
verdict in response to UMSC's application for a stay of execution pending an
appeal. In their verdict, the justices noted that the attachment orders
were marred by irregularity and malice.
They also noted that Kyabahwa's lawyers failed to conduct due
diligence before attaching the listed property including the Gaddafi National
Mosque. The justices orally approved the stay but haven't yet provided the
detailed reasons for their decision, which will be delivered later in writing. The
UMSC legal team was led by Counsel Musa Kabega and Dr. Adam Kibwanga Makmot.
Kyabahwa's lawyer, Ahmed Kalule, clarified that the decision
doesn't overturn the High Court's judgment, emphasizing that UMSC remains
indebted. UMSC initially lost at the commercial court and subsequently filed
for a stay of execution to prevent the attachment of their properties.
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