By Sadique Bamwita
ENTEBBE
The Muslim faction that was recently evicted at Entebbe Masjid Taqwa has dragged Uganda Muslim Supreme Council (UMSC), the body secretary general, the Entebbe NRM spokesperson plus their other fourteen colleagues to the High court Land Division accusing them of trespass and illegal encroachment on the disputed property of Masjid Taqwa.
The sued include Uganda Muslim Supreme Council, Edrisa Matovu Figo (NRM spokesperson), Sadiq Mukasa (new mosque Vice chairperson), Basir Serunkuma, Musa Sadiq Lukandwa, Rajab Twesige (County Sheikh), Livingstone Luutu (special presidential assistant), Ahmed Kizito, Hajji Sowed Serumaga (UN official), Mansur Mohamed, Yasin Semanda, Juma Mukasa, Abdul Noor Sempungu, Yakoub Muwonge, and Hajj Abbas Muluubya Sekyanzi (secretary general UMSC).
The plaintiffs are Entebbe Masjid Taqwa Company Ltd, Twaha Sempebwa and Sheikh Umaru Basir Matovu (evicted Imam) who filed their suit under civil suit no.917-2024 in the High court Land Division.
The plaintiffs through their Lawyers of M/S Sempebwa Musa and CO. Advocates contend that they are the directors of Entebbe Masjid Taqwa and that the Uganda Muslim Supreme Council is an unlimited company without share capital in charge of Muslims who subscribe with them in Uganda and thus their Lawyers undertake effective service of court process against the accused Muslims.
The plaintiffs through their Lawyers demand court to make pronouncement that:
“The plaintiffs are the owners of the disputed land comprising plot 21 along portal road in Entebbe town.
A declaration that actions of Hajj Abbas Muluubya (UMSC Secretary General) of breaking and forcefully entering the mosque are illegal.
Declaration that the sixteen accused Muslims trespassed on the suit land.
A permanent injunction restraining the accused Muslims plus their agents from further trespassing, encroaching and interfering with the plaintiffs’ quiet possession of the suit property.
General damages and costs worth Shs.100m for the suit plus any other relief that court deems fit”
The plaintiffs base on the following facts to back their legal suit:
“The members of Masjid Taqwa formed themselves into a company called Masjid Taqwa Ltd in 2012 for purposes of securing their interests in the suit land after having spent more than 50years on the disputed land operating as a mosque and other Muslim related activities.
The said land was under threat when members used to see unidentified persons inspecting the mosque for purposes of selling it, thus the registration of the land in 2012.
Entebbe Masjid Taqwa Ltd is the owner of the land on plot 21 along portal road Entebbe town land situated at Busiro Wakiso district, having acquired it through conversion from customary land to freehold tenure and it has a mosque on it.
Edrisa Matovu Figo (NRM spokesperson) and Yakoub Muwonge Lubega on many occasions attempted to grab and illegally take possession of Masjid Taqwa land which shall be proved during the trial process.
That in 2015, Edrisa Matovu Figo and Councilor Sadiq Mukasa grabbed the land using goons and took possession which resulted in Masjid Taqwa suing them under civil suit no. 528 of 2015.
Through consent of both parties, Masjid Taqwa and councilor Sadiq Mukasa agreed to peacefully surrender back the suit property in addition to agreeing to work closely with management of Masjid Taqwa in the running of mosque affairs since they claimed to be members of Entebbe Muslims.
Under clause 3 of the said consent, it was agreed that the suit is a property of Entebbe Muslims and all willing members were invited and registered as members of Masjid Taqwa. Despite being invited publicly as members of Entebbe Muslims they instead recruited Musa Sadiq Lukandwa plus their other agents in their fraudulent and illegal acts of trespass on the property.
That Livingstone Luutu (Presidential Assistant in charge of mobilization) who does not subscribe to the Muslim faith nor a member of Entebbe Muslims while representing the interests of Uganda Muslim supreme council has continuously trespassed on the suit land.
That Uganda Muslim Supreme Council claims the suit property is under its mandate yet it’s owned by Entebbe Masjid Taqwa Company Ltd whose members constitute some of the Entebbe Muslim community as reflected in the memorandum of Association for this company.
The Uganda Muslim supreme council has on several occasions attempted to illegally take and sell the suit property through using adverse methods like how the accused persons acted.
Uganda Muslim Supreme Council is a company operating but having similar objectives like promoting Islamic religion just like Masjid Taqwa but distinct and independent from each other.
On September 26, 2024, Uganda Muslim Supreme Council trespassed on the suit land and attempted to use law enforcement officers to evict the plaintiffs through using the accused Muslims as they wanted to install the new Imam under the disguise of Muslim body yet the property is owned by members of Masjid Taqwa Company Ltd which has the right of appointing the Imam.
It’s the habit of the Uganda Muslim supreme council to sell Muslim property across the country regardless of whether they own it or not.
The plaintiffs allege that on April 16, 2010, Uganda Muslim Supreme Council fraudulently sold or gave away Muslim property in Entebbe on plot 45-53 along portal road through a memorandum of understanding that was not favoring the Muslims who had occupied the land for more than 40 years denying them a right to defend their interest.
The Muslim body ordered for the closure of the disputed mosque using flimsy reasons and attempting to sell the property, a practice known to them.
The actions of the Muslim have affected the rights of members of Masjid Taqwa Company Ltd in utilizing the disputed property.
On October 3, 2024, Hajj Abbas Muluubya Sekyanzi, the Muslim body secretary general acting for himself or for Uganda Muslim supreme council broke into the mosque using goons and destroyed the property of the plaintiff and Entebbe Muslims and declared himself the owner.
The lawsuit is valued at Shs.100 million and the cause of action arose in Post office ward Entebbe Division ‘A’ which is within the jurisdiction of the honorable court.’
Summary of evidence in their legal suit
The plaintiffs state that Entebbe Masjid Taqwa Company Ltd shall adduce evidence that they lawfully own the suit land adding that accused Muslims fraudulently trespassed and attempted to sell the disputed property thereby interfering with the use, enjoyment of or quiet possession of the suit property.
