Brother to fallen Kibuli based Muslim faction Sheikh Nooh Muzaata Batte has protested the second wife’s marriage certificates.
Kulthum Nabunya and her son Anwar Ssessanga filed an application at Nabweru Chief Magistrate’s Court seeking a Court order restraining Sheikh Muzaata’s family from trespassing and evicting them from their home at Kate Falawo zone, Kawempe Division, a Kampala suburb.
In their response to the application, Faluku Batte, Musa Kakembo, Bashir Galabuzi, Sharif Nabitalo, Fatuma Nassanga, Hadijah Nakate and Hawa Nanteza told Court that the application is unconstitutional and illegal.
Through their lawyers of C/O M/S Nalukoola Kakeeto Advocates and Solicitors, the respondents told Court that before the hearing of the application, they are ready to first raise a preliminary objection that the application is grossly misconceived, bad in law and barred by law.
In an affidavit sworn by Faluku Batte, the brother to Sheikh Muzaata, the respondents claim that the application is frivolous and vexatious, an abuse of Court process and supported by affidavits which are full of falsehoods.
Batte insists in his affidavit that by the time of Muzaata’s death, Nabunya herself voluntarily wrote a letter terminating her purported marriage with the deceased and the late clearly stated it in his will that he did not leave any widow.
“There are two marriage certificates purportedly between Nabunya and sheikh Muzaata with conflicting dates of solemnization issued by the same authority that is the Uganda Muslim Supreme Council and our lawyers of M/S Nalukoola, Kakeeto Advocates and Solicitors have communicated to the Secretary General of the Uganda Muslim Supreme Council to ascertain the authenticity and or clarification of the two certificates of the marriage.”
This website has seen the two marriage certificates on the said file. One took place on 27th/09 1998 where Muzaata paid dowry of SHS 20,000 and the other took place on 28/08/1998 and Muzaata paid a dowry of SHS. 500,000 buy surprisingly they all took place at Uganda Muslim Supreme Council.
Batte insists that there is no proof that both certificates are registered with Uganda Registration Service Bureau.
He adds that they have also written to the Bureau to ascertain the registration status of the purported marriages.
He reveals that sheikh Muzaata left with him a birth certificate showing that Nabunya was a daughter to him not wife as she claims.
He insists that by the time Muzaata died, he had invited his sister Fatuma Nassanga to take care of him till he was admitted and isolated at International Hospital Kampala (IHK) where he breathed his last.
He adds that Nabunya had been dumped by Muzaata that is why he invited his sister.
He told Court that on 12/02/2021, Nabunya accompanied by Ibrahim Sebunya and several others using motor vehicle Reg No. UAZ 397H forcefully accessed the said property thereby vandalizing several possessions including but not limited to surveillance cameras and the matter was reported to Kawempe police station by Swaib Kasozi.
He denied throwing Nabunya and her son out of the house. He said that sheikh Muzaata was the heir to their father late Hajji Adam Muzaata Sebaale and they always converged at his home in Kawempe to remember their father and hold family activities including family reunion.
He denied Nabunya’s allegations that they threw her and her son Ssessanga out of the house adding that Muzaata left them with the responsibility of nurturing all the children he left including Ssessanga.
He put the entire burden to gender junior minister in charge of children affairs Florence Nakiwala Kiyingi who intervened in the matter and forcefully brought Nabunya back in the house.
He also told Court that Nabunya reported her matter to a wrong Court because Muzaata’s house is approximately valued at Shs. 400,000,000 million.
He also says that Nabweru Chief Magistrate Court lacks jurisdiction to hear the case.
By Sengooba Alirabaki
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