UGANDA, Entebbe | Real Muloodi News | Muhammad Kamoga, a property dealer and owner of Kamoga Property Consultants, has taken legal action to block fraud charges related to his alleged acquisition of a 200-acre land in the villages of Bukaya and Bugoba-Garuga in Katabi Town Council, in Entebbe, Wakiso District.
Kamoga was charged with forgery, uttering a false document, and obtaining registration by pretence in connection with the land dispute earlier this year.
In September, he appeared before the Chief Magistrates Court in Entebbe and denied any wrongdoing. He was released on bail, with the trial scheduled to start on December 1.
However, in a recent application filed with the High Court, Kamoga is seeking an order to halt the trial.
He argues that the charges are malicious and prejudicial, alleging that they constitute an attempt to misuse criminal proceedings to resolve civil land disputes that are already pending before the High Court and the Court of Appeal.
The application states, “The charges preferred against the applicant 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 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.”
Kamoga contends that the charges against him are civil matters involving contracts and land disputes without any criminal elements.
He asserts that the complainants initiated criminal proceedings to undermine his right to a fair hearing in the civil case. He claims that this move is intended to prevent him from asserting his rights over the disputed land.
The case is scheduled for hearing on November 14 before Justice Isaac Muwata.
In the criminal case, the state alleges that on May 7, 2021, at Wakiso Lands Office, Kamoga forged a transfer form dated May 7 regarding land on Block 435, Plot 8, falsely indicating it was transferred to him by Bibangamba Peter.
The prosecution maintains that Kamoga willfully procured the registration of disputed land under the Registration of Titles Act by pretending it was transferred to him by Bibangamba.
The charges stem from complaints related to four plots of land on Block 435 in Bukaaya Village, Katabi Town Council, Entebbe, where Mr Bibangamba accuses Kamoga of subdividing his land into more than 100 plots, transferring them into his name, and selling them without his consent.
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