Govt case against Mubajje dismissed
THE High Court in Kampala yesterday dismissed a criminal appeal by the Government against Sheikh Ramadhan Mubajje, Hassan Basajjabalaba, and Edris Kasenene, over the alleged fraudulent sale of Muslim properties.
By Andante Okanya
THE High Court in Kampala yesterday dismissed a criminal appeal by the Government against Sheikh Ramadhan Mubajje, Hassan Basajjabalaba, and Edris Kasenene, over the alleged fraudulent sale of Muslim properties.
The appeal was dismissed by Justice Albert Rugadya on grounds that the Director of Public Prosecutions (DPP) was not represented.
“The appellant has lost interest in the case since he is not represented,†Rugadya said.
The contested properties are located on Plot 30 on William Street in Kampala, which houses a mosque, Plot 12-16 on Port Bell Road in Luzira, which has a brush factory, and the Kololo High School premises.
Mubajje is the head of the Uganda Muslim Supreme Council. At the time of the sale, Kasenene was the secretary of the council.
Basajjabalaba is the current secretary of the Council.
The DPP appealed on November 17, 2008 after Buganda Road Court Chief Magistrate, Margaret Tibulya, acquitted the trio.
They were also battling charges of forgery and conspiracy to commit an offence.
In her ruling, Tibulya advised that the matter be handled internally, saying it was “moral rather than legalâ€.
On October 26 when the appeal came up for mention, the DPP was ordered to serve the accused with the record of proceedings from the Buganda Road Court and the memorandum of appeal.
However, yesterday the DPP, who was expected in court to argue the grounds for the appeal, had no representative.
Mubajje and Kasenene were represented by Peter Kusiima.
Basajjabalaba’s lawyer, Paul Tusubira, asked court to dismiss the appeal, arguing that the DPP’s absence meant that he had “lost interest in the caseâ€.
Speaking outside court after the dismissal, Tusubira said the court decision should put an end to the wrangles over Muslim property.
“Justice has been done. My clients sold the property lawfully,†he said.
Kusiima lashed out at the DPP for “wasting his clients’ timeâ€.
He said for the past two years, the DPP had failed to avail them the necessary documents even after constantly being reminded.
THE High Court in Kampala yesterday dismissed a criminal appeal by the Government against Sheikh Ramadhan Mubajje, Hassan Basajjabalaba, and Edris Kasenene, over the alleged fraudulent sale of Muslim properties.
The appeal was dismissed by Justice Albert Rugadya on grounds that the Director of Public Prosecutions (DPP) was not represented.
“The appellant has lost interest in the case since he is not represented,†Rugadya said.
The contested properties are located on Plot 30 on William Street in Kampala, which houses a mosque, Plot 12-16 on Port Bell Road in Luzira, which has a brush factory, and the Kololo High School premises.
Mubajje is the head of the Uganda Muslim Supreme Council. At the time of the sale, Kasenene was the secretary of the council.
Basajjabalaba is the current secretary of the Council.
The DPP appealed on November 17, 2008 after Buganda Road Court Chief Magistrate, Margaret Tibulya, acquitted the trio.
They were also battling charges of forgery and conspiracy to commit an offence.
In her ruling, Tibulya advised that the matter be handled internally, saying it was “moral rather than legalâ€.
On October 26 when the appeal came up for mention, the DPP was ordered to serve the accused with the record of proceedings from the Buganda Road Court and the memorandum of appeal.
However, yesterday the DPP, who was expected in court to argue the grounds for the appeal, had no representative.
Mubajje and Kasenene were represented by Peter Kusiima.
Basajjabalaba’s lawyer, Paul Tusubira, asked court to dismiss the appeal, arguing that the DPP’s absence meant that he had “lost interest in the caseâ€.
Speaking outside court after the dismissal, Tusubira said the court decision should put an end to the wrangles over Muslim property.
“Justice has been done. My clients sold the property lawfully,†he said.
Kusiima lashed out at the DPP for “wasting his clients’ timeâ€.
He said for the past two years, the DPP had failed to avail them the necessary documents even after constantly being reminded.