Kisoro | RedPepper Digital – The Archbishop of the church of Uganda the Most Rev. Dr Samuel Kazimba Mugalu has been sued for failure to harmonize succession matters in Muhabura Diocese in Kisoro District.
Archbishop Kazimba has been sued jointly with the Registered Trustees of the Church of the Province of Uganda, Rt. Rev. Cranmer Mugisha the Bishop of the Diocese of Muhabura and Joel Ernest Sendegeya the Diocesan Chancellor by two Christians Innocent Ndagijimana and Solomon Rugera Kanna petitioned through their lawyers of Ngaruye Ruhindi, Spencer and company advocates in the civil case 343 of 2021 that has been filed at the Civil Division in the High Court in Kampala.
The High Court civil Division in Kampala has issued summons to the Registered Trustees of the Church of the Province of Uganda, Rt. Rev. Cranmer Mugisha the Bishop of the Diocese of Muhabura and Joel Ernest Sendegeya the Diocesan Chancellor to file in defence with 15 days.
“Whereas the above-named plaintiffs have instituted a suit against you upon the particulars set out in the copy of the plaint. You are herby required to file a defence t the suit within 15 days from the date of service of the summons into you in the manner described under 0.9r I of civil procedure rules. Should you fail to file defence on or before date mentioned the plaintiffs may proceed with the case and judgment may be given in your absence “. Reads part of the summons.
The two in their petition allege that whereas under canon 3.7.1 and canon 3.7.2 of the church of Uganda provincial canons every diocese is supposed to have a diocesan nomination committee chaired by the Diocesan chancellor appointed in a manner determined by the diocesan constitution and whose tenure is specified in the diocesan constitution the Registered Trustees of the Church of the Province of Uganda, Rt. Rev. Cranmer Mugisha the Bishop of the Diocese of Muhabura have failed , refused or neglected to have a diocesan constitution in place but Bishop Cranmer Mugisha has put in place a diocesan nomination committee with a chancellor with no legal basis.
They say that the current Diocesan chancellor Joel Ernest Sendegeya was illegally appointed as Diocesan chancellor as there is no constitution to determine his manner of appointment and tenure and Ernest Sendegeya wants to convene a meeting of the diocesan nomination committee to nominate names for the next Bishop for Muhabura diocese for consideration and selection by the house of bishops of the registered trustees of the church of Uganda and the illegal process will through Muhabura diocese into more confusion and cho if not restrained and the matter is streamlined.
They also allege that Bishop Mugisha wrongly and illegally handpicked 8 nominees and appointed them to the diocesan synod and 4 of them were retired clergy which is contrary to the provincial canons and two of the 8 nominees were wrongly appointed to the diocesan nomination committee namely Rev.Canon Sam Mfitumukiza and Sam Musominari and by so doing
Declaration that Registered Trustees of the Church of the Province of Uganda, Rt. Rev. Cranmer Mugisha the Bishop of the Diocese of Muhabura have failed to have in place a diocesan constitution for Muhabura diocese an omission that has led to mismanagement of the affairs of the Diocese and as such are in breach of the church of Uganda provincial constitution and the church of Uganda provincial canons.
Declaration that Joel Ernest Sendegeya is illegally occupying office of diocesan chancellor there being no diocesan constitution to determine the manner of his appointment and tenure and as such is not entitled to participate in the affairs of the Diocese.
Permanent injunction restraining Rt. Rev. Cranmer Mugisha the Bishop of the Diocese of Muhabura from continuing to illegally directly and indirectly influence the selection of his successor.
Permanent injunction restraining Joel Ernest Sendegeya from conniving and chairing the diocesan nomination committee for the purpose of nominating candidates for selection for the next bishop of muhabura diocese.
Permanent injunction restraining House of Bishops from selecting any name for appointment as next Bishop of muhabura Diocese submitted by the illegally constituted Muhabura diocesan nomination committee chaired by Joel Ernest Sendegeya
They want court to issue temporality injunction stopping the process