Kamoga moves to block fraud charges over Entebbe land
What you need to know:
- In September this year, Mr Kamoga was arraigned before the Chief Magistrates Court at Entebbe and charged with forgery and uttering a false document and obtaining registration by false pretence
Businessman Muhamadi Kamoga of Kamoga Property Consultants has petitioned the High Court seeking to block fraud charges in connection with the alleged acquisition of ownership of a 200-acre land in two villages of Bukaya and Bugoba–Garuga, in Katabi Town Council, Wakiso District.
In September this year, Mr Kamoga was arraigned before the Chief Magistrates Court at Entebbe and charged with forgery and uttering a false document and obtaining registration by false pretence.
He denied any wrongdoing before he was released on bail pending trial slated to commence on December 1 this year.
However, in the application before the High Court, Mr Kamoga a property dealer is seeking an order stopping the trial, alleging that the charges are malicious, prejudicial and constitute an attempt to unfairly use criminal proceedings to settle civil land disputes pending before the High Court and Court of Appeal.
“The charges preferred against the applicant (Kamoga) all touch the issue of ownership of the land and the legality of the transactions in which the applicant was involved. The documents executed by the applicant and the actions including taking possession of parts of the land, attributed to the applicant, are substantially the very issues to be determined in the pending civil suit and appeal, raising a possibility of conflicting decisions on the same subject matter,” reads the petition.
In the affidavit, Mr Kamoga states that the charges against him are matters of contract and land disagreement without criminal elements.
“That the complainants lodged criminal proceedings against me too sabotage my right to a fair hearing in the civil suit since my claim is over land. The subject of the criminal proceedings and criminalizing my clients has the effect of depriving me of my constitutional right to claim for what truly belongs to me,” he states.
Meanwhile, the case has been fixed for hearing on November 14 this year before Justice Isaac Muwata.
Criminal case
In the criminal case, the state alleges that on May 7, 2021, at Wakiso Lands Office, Mr Kamoga with intent to deceive, forged a transfer form dated May 7 concerning land on block 435 plot 8 purporting it to have been by Bibangamba Peter whereas not.
Prosecution contends that Mr Kamoga willfully procured for himself the registration of disputed land under the Registration of Titles Act by pretending that the same was transferred to him by Bibangamba.
The charges result from complaints regarding four plots on land on Block 435 at Bukaaya Village in Katabi Town Council, Entebbe.
Mr Bibangamba is accusing the land dealer, Mr Kamoga of subdividing his land into more than 100 plots and transferring them into his name and later on selling them off without his consent.
