In a landmark ruling delivered on December 12, 2023, the High Court of Uganda in Jinja has ordered the convening of a special General Assembly for the Uganda Muslim Supreme Council (UMSC).
The ruling comes in response to a company cause filed by Babirye Yudaya, Burhan Namanya, and Hussein Simbwa against the UMSC, citing breaches of the company’s constitution and unfair prejudicial conduct.
The petition, brought under Sections 248 and 250 of the Companies Act 2012, alleged that the UMSC, registered as an unlimited company without a share capital, had been mismanaged.
The petitioners, all Sunni Muslims and members of the UMSC in the Jinja District, claimed that the respondent’s affairs were handled in a manner prejudicial not only to their rights but also to all other members of the UMSC.
The judgment highlighted various grounds of the petition, including the alleged mismanagement of Muslim properties, unauthorized sales of assets, and the failure to constitutionally constitute the National Executive Committee and other organs.
The respondent, represented by Muhammad Ali Aluma, the acting Secretary General, contended that the petition was premature, brought in bad faith, and lacked merit.
Justice Faridah Shamilah Bukirwa Ntambi, in her ruling, emphasized the importance of the General Assembly as the supreme legislative body of the UMSC, responsible for overseeing the council’s affairs.
The court found that the respondent’s actions were prejudicial to the interests of the petitioners, especially in the absence of active involvement of the General Assembly in decision-making.
The court ordered the immediate calling of a special sitting of the General Assembly to thoroughly examine the affairs of the UMSC and submit a report to the court.
The special General Assembly, to be presided over by a neutral and independent Chairperson, will be convened at a neutral venue. Each party involved is directed to bear its own costs.
The judgment aims to ensure the full participation of the Muslim community in Uganda and promote transparency and accountability within the UMSC.
This decision marks a significant step in resolving internal disputes within the UMSC through its constitutional processes.
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Publish date : 2023-12-14 11:13:18