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Big Story: X-tians accuse PAG Uganda Ltd of witch-hunting Bishop Mukalu
25 April 2023, 4:35 pm
By Tnd News Uganda
It is nearly Seven years that Pentecostal Assemblies of God Limited has been battling over properties with what was then PAG Lira limited after the latter broke away from the former. In this series TND’s investigative editor and journalists Frank Oyugi digs deep on this issue.
This pandemonium that has caused panic to over hundreds of faithfuls of now the defunct PAG Lira was sparked by the termination of the services of Lira Pastorate Bishop Joel Mukalo in 2013 by PAG Uganda yet he enjoyed overwhelming support of the Christians. The bishop had already served for five years.
Bishop Mukalo back then said that his church broke away because of PAG Uganda’s alleged sectarian leadership. Former Internal Affairs minister, late Gen Aronda Nyakairima was among those who attempted to solve the issue but in vain. He then advised the Lira faction to form a new church, and indeed PAG Lira Limited was birthed but the matter ended up in court.
In 2015 Pentecostal Assemblies of God Limited dragged PAG Lira limited to court in Civil Suits Nos. 97 & 290 of 2015 asking court to deter it from using such a similar name and also demanded that the PAG Lira limited should hand over all properties in its possession. Court then ruled in favor of PAG Uganda mission but PAG Lira limited which has since been deregistered by the Uganda Registration Services Bureau appealed the case on ground that the properties did not belong to PAG Uganda Limited.
In his ruling arising from miscellaneous application no. 0290 of 2022
(arising from execution miscellaneous application no. 14 of 2022)
(arising from consolidated civil suits nos 97 & 290 of 2015) justice Musa Ssekaana had this to say “The Court of Appeal in its judgment did not substitute the judgment and decree of the High Court, however, the appellate court largely adopted the orders of the High Court, but made no order on the return of the applicant’s (1st respondent in the appeal) properties illegally held by the 2nd respondent (the appellant in the appeal)”
The jude however ruled that Lira Pentecostal Limited should return all the properties in her custody to PAG Uganda Limited, something that has not gone well with the Christians.
Church leaders speak out
It is a sunny Sunday in Lira city, date is 23rd-04-2023, and TND meets Tom Obong, a deacon at the famous LPC church to find out his views
An enraged Obong tells TND that said that was the worst ruling ever made in Uganfa because the case which ended up in the court of appeal was silent on the issue of properties and wondered why court of appeal jude who go ahead to grant consequential orders to the applicants, in this case PAG Uganda Limited.
The Court of appeal ruled against PAG Uganda and the issue of property was not in the case meaning status quo remains. Each side remains in their property. Our problem is how can a case that was heard and ruled by the court of appeal come down to the magistrate court.
Bernard Etam a pastor attached to the defunct PAG Lira limited now known as Yahweh Pentecostal Mission could not also hide his frustration.
“Could it be lawful that a jugde can hear a case, the judge does not give us time to appear and testify before the court but instead preferred written submission, yet the case involves hundreds of people? we wanted to present our witnesses but the never gave us time,” Etam told this digital publication.
He added that in the initial case before the high court, the Bishop was not involved but now they have included Bishop as a person calling it a personal attack on the personality of their leader.
“As a person the Bishop doesn’t own anything, everything he owns in trust of the Christians,” Etam said, adding that because of that they have resolved to appeal and they have already received the appeal notice, but are only waiting for the ruling so that they can file the appeal.
Tnd’s investigations shows that PAG Uganda is claiming ownership of Over 800 churches ,buildings and land among others.
But according to Etam,PAG mission doesn’t have anything to show that they built the church. He says when they realized that PAG Uganda is claiming their churches, the Christians dragged them to court so that they can show proof that they contributed in building of these churches.
Legal experts poke holes
Tnd has since secured a copy of a letter authored by Karemani Jameson, a registrar at the Civil Division court to the M/S ALP advocates advising the firm that represented PAG Uganda to appear before justice Musa Ssekaana.
“I have been directed by the trial judge to advise you to make application for consequential orders to confirm the properties” the letter reads in part.
But a renown lawyer in Lira city who is conversant on this matter but did not want to be named on religious ground has poked holes in the letter
“There is no judicial officer who is allowed to advise an opposite party in a case, this matter the trial jude advised the opponent to file for a consequential order and asks the lawyers to appear before him which means they could as well have sat somewhere and talked” the lawyer opines.
He equally wondered why Bishop Mukalo who was not a party to the case in the high court was eventually listed as a respondent alongside PAG Lira limited was not a party to the case.
Another seasoned lawyer who has perused though the court of appeal’s ruling said the warrant was erroneously issued under a decree not the order of seizure of properties and was quick to add that “you cannot seize an immovable property
He equally observed that first decree was passed on a nonexistent entity because PAG Lira limited was also de-registered by Uganda Registration Services bureau and that the trial judge did not tasked PAG Uganda limited to provide proof of ownership of properties it seeks to seize
On the other hand, Clement Omara, a pastor at Glory International Ministries in Dokolo when asked by TND on his opinion about this issue said most times churches acquire their properties independently and as such PAG Uganda cannot claim it.
Some of this poor Christians owned their land long time before PAG Uganda came into existence in 1999, and they donated their land for church construction, some sold their beans or maize and contributed towards church developments are you going to grab their land? He questioned.