Land dealer Muhamadi Kamoga of Kamoga Property consultants has petitioned the criminal division of the High Court seeking an order to stop his trial over fraud accusations.
Kamoga is charged with eight cases in connection with the alleged acquisition of ownership of a 200 acre land on two villages of Bukaya and Bugoba – Garuga, in Katabi Town Council, Wakiso District.
In September, Kamoga was charged before the Chief Magistrates court at Entebbe with forgery and uttering a false document and obtaining registration by false pretense.
Kamoga who was released on bail pending trial is slated to appear before court on December 1 to start trial after the state indicated that investigations into the matter are complete.In the case before the High Court, Kamoga has asked court to stop the impending trial seeking for declaration that criminal proceedings in the chief magistrates court at Entebbe amount to criminalizing land disputes which constitutes an abuse of court process and perversion of course of justice.
“The criminal prosecution committed by the DPP against the applicant, touching transactions relating to the same land was subsequent to, and in the course of the ongoing hearing of the said civil case and appeal,” he says.
Through his lawyers, Kamoga alleges that the charges preferred against him all touch the issue of ownership of the land and the legality of the transactions in which he was involved, the documents executed by him, which he says are substantially the very issues to be determined in the pending civil cases, raising a possibility of conflicting decisions on the same subject matter.
He alleges that criminal charges against him are an attempt to criminalise a purely land dispute between the complainant and the accused person, whose purpose is to maliciously subject him to embarrassment and prejudice and compromise his right to be heard in the civil case.
The applicant will suffer substantial loss if the criminal proceedings are not stayed, as the same has the potential to prejudice and compromise his right and the right to be heard in the pending civil suits and the possibility of a criminal court determination rendering the reliefs sought in the earlier filed civil suits and appeal nugatory is high unless the said criminal proceedings are stayed,” Kamoga alleges.
The case has been fixed before Justice Isaac Muwata and set for mention on November 14.
In the chief magistrates’ court, Kamoga is battling fraud related accusations relating to forgery of transfer forms dated February 8, 2021 in respect to land on Block 435 in regard to 105 plots.
It is alleged on May 7, 2021 at Wakiso Lands office, Mr Kamoga with intent to deceive forged a transfer form dated May 7 in respect to land on block 435 plot 8 purporting it to have been by Bibangamba Peter whereas not.
The land broker is also accused of uttering a false where it is alleged that he submitted the said forged documents to the Registrar of tiles purporting it to be signed by Bibangamba whereas not.
According to the state, Kamoga willfully procured for himself registration of disputed land under the registration of titles Act by falsely 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.
Bibangamba is accusing the land dealer, Mr Kamoga of subdividing his land into more than 100 plotws and transferring them into his names and later on selling them off without his consent.
“…charges of GEF 308/22 and CRB 556/2022 should be prepared as guided above and forwarded to Resident State Attorney (RSA) Entebbe for further action,” reads the document received at the CID on September 4.
SOURCE @NILEPOST
