Court orders trial of land broker over alleged fraud
What you need to know:
- Prosecutors allege that between May 7, 2020, and February 8, 2021, at the Wakiso land offices, Mr Kamoga forged Bibangamba’s signature on transfer forms for Busiro Block 435, Plot 8, and 100 other plots, totalling more than 200 acres.
Entebbe Chief Magistrate’s Court has set March 28 for the trial of a land broker, who is accused of fraud and forgery regarding the alleged transfer of a 200-acre piece of land at Garuga, Bukaya in Entebbe Municipality, Wakiso District.
The trial date was set following a Court of Appeal ruling that overturned a 2024 High Court decision, which had halted the criminal prosecution of Mr Muhammad Kamoga. Mr Kamoga of Kamoga Property Consultants is accused of forging Mr Peter Bibangamba’s signature on transfer forms for the Bukaya property, thereby fraudulently obtaining registration.
In October 2024, the Court of Appeal, in a ruling led by Justice Fredrick Egonda Ntende, sided with the Director of Public Prosecutions, who had challenged the High Court’s stay of proceedings. Court of Appeal justices, including Cheborion Barishaki and Dr Asa Mugenyi, determined that the High Court lacked jurisdiction to stop Mr Kamoga’s trial, deeming the High Court’s decision illegal.
Justice Egonda Ntende stated: “If a party commits a crime in pursuit of its civil rights, he or she can still be prosecuted. If one alleges that the transfer instrument was forged, investigation and prosecution of the culprit should continue.” The court ordered the resumption of Mr Kamoga’s prosecution, quashing the High Court’s stay order.
The Court of Appeal emphasised that Mr Kamoga had no legal right to petition the High Court to halt the criminal proceedings ongoing at the Entebbe Chief Magistrate’s Court. Mr Kamoga faces two separate case files. The first includes six counts of forgery, uttering false documents, and fraudulently obtaining land registration.
Prosecutors allege that between May 7, 2020, and February 8, 2021, at the Wakiso land offices, Mr Kamoga forged Bibangamba’s signature on transfer forms for Busiro Block 435, Plot 8, and 100 other plots, totalling more than 200 acres. He is also accused of using the forged transfer forms to fraudulently obtain land registration. The second case file charges Mr Kamoga with unlawful eviction and malicious damage to property.
He is accused of evicting individuals from the same land and damaging their property on February 19 and 20, 2021. Mr Kamoga was initially charged with multiple counts of forgery, uttering a false document, and obtaining registration by false pretence in September 2023.
