UGANDA, Kampala | Real Muloodi News | The Buganda Road Chief Magistrate’s Court has scheduled a hearing date for a land fraud case involving a businessman accused of forging a deceased person’s signature to acquire land in Sumba. The case has been ongoing for over 10 years.
David Ssegulani, 60, a businessman and resident of Naguru Bank Village Zone, Nakawa Division in Kampala District, appeared before Chief Magistrate Ronald Kayizzi, who formally read the charges against him.
Ssegulani denied all the charges brought against him by the state.
During the court session, the prosecution, led by Joan Keko, informed the presiding chief magistrate that they were not ready to proceed with the hearing as they had just amended the charge sheet.
Keko explained that the prosecution needed to disclose the evidence to the defence lawyer before moving forward.
The amended charges against Ssegulani include four counts: intermeddling with the estate of the deceased under the Administrator General’s Act, obtaining registration by pretences under the Penal Code Act, forgery under the Penal Code Act, and uttering a false document under the Penal Code Act.
Ssegulani’s lawyer, Ambrose Tibyasa, protested the amendment of the charges after 10 years, arguing that the delay was unfair to his client.
Tibyasa stated, “Your worship, when you look at the amended charge sheet, this file was reported to the police in 2014. The amendment is coming 10 years later. I indicated to the prosecution, they came knowing they have an amended charge sheet and I should be receiving the disclosure and proceed now. This idea of moving back and forth is not good for my client as justice delayed is justice denied.”
In response, Keko acknowledged the case’s long duration but attributed the delays to various applications made by the defence over the years.
“Yes, it is a case of 2014 but counsel knows why it has taken this long. All the applications they made back and forth are the ones that have hindered us from proceeding, so we cannot be put on gunpoint today because of an arrangement that is coming 10 years later,” she said.
Keko further informed the court that she was ready to make disclosures. Consequently, Chief Magistrate Kayizzi adjourned the matter to July 17 for the hearing to begin.
According to the amended charge sheet, the prosecution led by Keko and Ivan Kyazze outlined the details of the alleged offences:
Intermeddling with the Estate of the Deceased: On March 25, 2011, at the Kampala lands office in Kampala District, Ssegulani and others allegedly intermeddled with the property of the deceased Ibrahim Mayanja Serunjogi.
They allegedly procured a certificate of title for land in Busiro Block 358, Plot 22 and Plot 23 (formerly Plot 14) in Sumba without proper authorization from the Administrator General.
Obtaining Registration by False Pretenses: Ssegulani and others allegedly procured registration on a certificate of title for the same land in Busiro Block 358, Plot 22 and Plot 23 by falsely pretending that they had purchased the land.
Forgery: On November 4, 2005, in Kampala, Ssegulani allegedly made a false document—a land sales agreement for the land in Busiro Block 358, Plot 22 and Plot 23—bearing forged signatures of the late Faith Nabatanzi, purporting that she had signed as the vendor.
Uttering a False Document: Ssegulani allegedly presented the forged land sales agreement to the registrar of titles, purporting it to have been signed by the late Nabatanzi.
The charges are serious and carry significant legal implications. The case’s long history has seen multiple legal manoeuvres and delays, complicating the path to resolution.
The upcoming hearing on July 17 is expected to shed more light on the allegations and the evidence presented by both the prosecution and the defence.
Background of the Case
The land in question is located in Sumba, within Busiro Block 358, Plot 22 and Plot 23. The case involves complex issues of land ownership and inheritance, with allegations of forgery and fraud at its core.
The prosecution alleges that Ssegulani, along with unidentified accomplices, engaged in fraudulent activities to obtain the land’s title.
Legal Framework
The charges brought against Ssegulani fall under multiple sections of the Penal Code Act and the Administrator General’s Act:
Intermeddling with the Estate of the Deceased: This charge relates to unauthorized actions involving the property of a deceased person, as outlined in the Administrator General’s Act.
Obtaining Registration by False Pretenses: This charge addresses the alleged fraudulent procurement of land registration, as specified in the Penal Code Act.
Forgery: This charge involves the creation of false documents with the intent to deceive, covered under the Penal Code Act.
Uttering a False Document: This charge pertains to the presentation of forged documents as genuine, also under the Penal Code Act.
These legal provisions are designed to protect the integrity of property transactions and ensure that estates of deceased individuals are managed lawfully and ethically.
During the court session, several key statements were made:
Ambrose Tibyasa (Defense Lawyer): Tibyasa argued against the amendment of charges after a decade, emphasizing the principle of “justice delayed is justice denied.”
Joan Keko (Prosecutor): Keko highlighted the procedural delays caused by numerous defence applications, justifying the current state of the case.
Chief Magistrate Ronald Kayizzi: Kayizzi acknowledged the readiness for disclosure and set a new hearing date to ensure the case proceeds without further delay.
The hearing scheduled for July 17 is expected to address the amended charges and allow both parties to present their evidence. The prosecution will aim to substantiate the allegations against Ssegulani, while the defence will seek to refute the charges and demonstrate any procedural or substantive flaws in the case.
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