- Basajjalaba was stopped from contesting for UMSC chairmanship on grounds that he has ever been impeached.
Image: Courtesy Photo
The case file filed against the Mufti of Uganda His Eminence Sheikh Shaban Ramadhan Mubaje by some group of leaders in the Uganda Muslim Supreme Council and prominent Businessman Hassan Basajjalaba has been forwarded before the High court for hearing.
The order has been issued by Principle Judge Dr. Flavian Zeija after Uganda Muslim Supreme Council lawyers challenged a court order that was issued by the Mengo Chief Magistrates Court as an ex-parte ordering the Mufti to vacate office at the UMSC.
Lawyers representing UMSC and Sheikh Mubaje said the order was an abuse of court process since it was issued in total disregard of the guidelines issued by justice Zeija's office.
According to the guidelines on issuance of ex-parte interim orders, the order stays in place for only three days upon which the other party is notified.
However in the instant case , the two respondents ; UMSC and Mufti Shaban Ramadhan Mubajje were not notified on the pending application and yet presiding chief magistrate Patrick Talisuna decreed that the interim stays in force until the 27th/January .
UMSC further questioned the proceedings from which the interim order arises because the main case where Basajjalaba sought to block Council elections was withdrawn on 5th/December 2022r and as such he cannot make a turn around to obtain an interim for the same .
The Muslim body contends Mengo court did not consider the interest of the Muslim community in halting the activities of UMSC basing on grievances of an individual.
Among the stopped UMSC activities is leading prayers, praying for the dead and ceremonising marriages that UMSC lawyer Musa Kabega says can't be halted in public interest.
The complaint further points at three other individuals Umar Sewante , Israel Gule and Sulemain Kigongo who were not originally on the main case but are introduced on the application for the contentious interim. It's on the basis of these complaints that the principle judge ordered the Deputy registrar in-charge of civil Division to call for the file .
Mufti Mubajje allegedly denied Basajjalaba chance to contest for UMSC chairmanship on grounds that he has ever been impeached yet the Amended UMSC Constitution forbids people in such a category from contesting for such an important office.