Court fixes hearing date for land fraud case against businessman 

After over 10 years of a legal battle, the Buganda Road Chief Magistrate’s Court has fixed a hearing date for a case in which a businessman is accused of forging a deceased’s signature to acquire land in Sumba.

Mr David Ssegulani, 60, a businessman and resident of Naguru Bank Village Zone, Nakawa Division in Kampala District on Friday appeared before the Chief Magistrate Ronald Kayizzi who officially read to him four charges he is facing. He however denied the charges slapped against him by the state.

When the case came up for hearing, prosecution led by Ms Joan Keko told the presiding chief magistrate that she was not in position to go ahead with the hearing  since they had just  amended the charge sheet and wanted to disclose the evidence they intend to rely on with the defence lawyer.

The four charges are; Intermeddling with estate of the deceased C/S 11(1) and (2) of the Administrator General's Act, obtaining registration by false pretence C/S 312 of the Penal Code Act, forgery C/S 342, 345 (d) (I) and 347 of the penal Code Act Cap 120 and uttering a false document C/S 351 and 348 of the Penal Code Act.

However, through his lawyer, Mr Ssegulani had protested against the amendment of his charges 10 years later.

“Your worship when you look at the amended charge sheet this file was reported to police in 2014, the amendment is coming 10 years later. I indicated to the prosecution, they came knowing they have an amended charge sheet and I should be receiving the disclosure and proceed now. This idea of moving back and forth is not good for my client as justice delayed is justice denied,”Mr Ambrose Tibyasa said.

However, in response, Ms Keko said: “Yes it is a case of 2014 but counsel knows why it has taken this long, all the applications they made back and forth are the ones that have hindered us from proceeding, so we cannot be put on gun point today because of an arrangement that is coming 10 years later, I pray that court takes note of that.”

Ms Keko further told court that she was ready to make disclosures and consequently Mr Kayizzi adjourned the matter to July 17 for the hearing of the case to begin.

According to the amended charge sheet, prosecution led by Ms Joan Keko and Mr Ivan Kyazze  in the first count states Ssegulani on March 25, 2011, Mr Ssegulani and others still at large at Kampala lands office in Kampala District without being duly authorized by law or authority from the Administrator General intermeddled with the property of the deceased Ibrahim Mayanja Serunjogi by fraudulently procuring for himself a certificate of title in respect to land comprised Busiro Block 358 plot 22 and plot 23 formerly plot 14 situated at Sumba.

In count two, prosecution states that Ssegulani and others still at large willfully procured for himself registration on certificate of title in respect to land comprised in Busiro Block 358 plot 22 and 23 formerly plot 14 situated at Sumba registered under instrument number KLA 492835 by falsely pretending that he had purchased the said land whereas not.

In count three it is further stated that Ssegulani on November 4, 2005 in Kampala with intent to defraud or to deceive made a false document to wit a land sales agreement in respect to land comprised in Busiro Block 358 plot 22 and 23 situated at Sumba bearing forged signatures of late Faith Nabatanzi purporting that she had signed as a vendor whereas not.

While in count four it is stated that Ssegulani  fraudulently uttered the same documents to the registrar of titles purporting the same to have been signed by the late Nabatanzi whereas not.

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