By Rachael Najjuma
14th Feb 2023
The High Court Civil division has set aside an interim injunction that was issued by Mengo Chief Magistrates courts to Uganda Muslim Supreme Council (UMSC) in a matter where the city businessman Hassan Basajjabalaba together with other aggrieved Muslims petitioned court challenging the council’s activities.
On January 10, 2023, Basajjabalaba secured an interim injunction issued by the chief magistrate of Mwanga II court in Mengo, Patrick Talisuna Ngereza, stopping the Mufti, his agents, employees of the UMSC and associates from carrying out any activities of the council until the main case challenging the legality of the decision to block him from contesting is heard.
Being aggrieved with decision, the UMSC petitioned the high court raising a number of grounds one being that the trial chief magistrate’s court irregularly or illegally exercised jurisdiction vested in it.
In her ruling on Tuesday, Justice Esta Nambayo has concurred with the applicants that the learned trial Chief Magistrate illegally exercised his jurisdiction when he granted an ex-parte interim order in the matter noting that henceforth the ex-parte proceedings, ruling and orders are hereby revised and set aside.
She has also awarded costs to the applicants.
City businessman Hassan Basajjabalaba together with Sewante Umaru, Gule Issa and Sulaina Kigongo sued UMSC and His Eminence Sheikh Shaban Ramathan Mubaje challenging the legality of the recent Muslim elections majorly challenging the decision of the council’s general assembly chaired by the Mufti to bar him from contesting for the position of national chairman of the UMSC
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