High Court halts criminal trial against city lawyer
Felix Kintu Nteza, 38, in the dock. PHOTO/ COURTESY
What you need to know:
- Justice Muwata described the criminal case filed in 2022 before the Magistrates Court as an abuse of the court process.
The High Court in Kampala has stopped criminal charges against a city lawyer accused of obtaining money by false pretence in regard to a disputed land transaction in Wakiso District.
Lawyer Felix Kintu was charged before Buganda Road Chief Magistrates Court in a case arising out of a 2013 disputed land transaction between the beneficiaries of the estate of the late George Kamya and Interlink Education Services Limited.
On Friday, Criminal Division of the High Court justice Isaac Muwata stayed the criminal proceedings against Kintu, reasoning that there is already a pending civil case against the 14 family members and their lawyer- based on the same facts.
Court records show that in 2014, Interlink Education Services sued 14 beneficiaries of the estate of late Kamya and Kintu in the High Court, accusing them of breach of a sales agreement to provide a land title and remove squatters from the disputed 15 acre land on block 220, plot 64 at Gimbo in Wakiso District.
Interlink Education Services is also seeking to recover the Shs195 million which they paid for the land.
Justice Muwata described the criminal case filed in 2022 before the Magistrates Court as an abuse of the court process.
“…the decision in the pending civil dispute would be sufficient and binding to decide who the seller was and who is supposed to refund the said Shs195 million,” he said.
“To avoid conflicting decisions in the High Court and the lower court, it is proper to stay the criminal proceedings,” ruled Justice Muwata.
According to him, the stay would enable court to hear and determine the civil matter which was filed early 2014.
Justice Muwata held that if allowed, the case in the lower court would prejudice Kintu, who was the lawyer for the vendors in the disputed land transaction.
The High Court decision followed a land transaction between the beneficiaries of the Late Kamya’s estate and Interlink Education Services who accused the lawyer of obtaining Shs195 million by falsely pretending to sell land whereas not.
Court documents show that the directors of Interlink filed a criminal complaint against the seasoned lawyer after he declined to compel his clients led by Abdul Sewaya to refund their money.
After the court, Kintu welcomed court's decision saying "the case against him did not have legal basis and was frivolous."
“I have been challenging that case because it only aimed at tarnishing me for reasons I do not know. But the court has decided basing on the law because lawyers cannot be blamed for mistakes done by their clients,” he said.
