Muhamadi Kamoga, a businessman associated with Kamoga Property Consultants, has taken action by petitioning the High Court to block fraud charges linked to the alleged acquisition of a 200-acre land in two villages, Bukaya and Bugoba–Garuga, located in Katabi Town Council, Wakiso District. This move comes after Mr. Kamoga was charged with forgery, uttering a false document, and obtaining registration by false pretense in September.
Mr. Kamoga’s initial encounter with the law occurred when he was arraigned before the Chief Magistrates Court in Entebbe, facing these aforementioned charges. He firmly denied any wrongdoing and was granted bail, awaiting a trial scheduled to commence on December 1 this year.
However, in his application presented before the High Court, Mr. Kamoga, a property dealer, aims to halt the impending trial, asserting that the charges against him are not only malicious but also prejudicial. He argues that these charges seem to be an attempt to misuse criminal proceedings to resolve civil land disputes that are currently pending before the High Court and the Court of Appeal.
The essence of Mr. Kamoga’s petition is that the charges brought against him primarily concern the issue of land ownership and the legality of transactions in which he was involved. These issues closely mirror those to be determined in the pending civil suit and appeal. Consequently, this raises concerns about potential conflicting decisions on the same subject matter.
Mr. Kamoga’s affidavit further emphasizes that the charges against him revolve around contractual and land-related disagreements without any criminal elements. He claims that the complainants initiated criminal proceedings against him as a means to hinder his right to a fair hearing in the civil suit, given that his claim pertains to land.
The case, as per the latest updates, has been scheduled for a hearing on November 14 this year, before Justice Isaac Muwata.
Criminal Case Background
In the criminal case brought against Mr. Kamoga, it is alleged that on May 7, 2021, at the Wakiso Lands Office, he deliberately forged a transfer form dated May 7 regarding land on block 435 plot 8. He purportedly attributed this transfer to Bibangamba Peter, which was not the case.
The prosecution’s stance is that Mr. Kamoga intentionally secured the registration of disputed land under the Registration of Titles Act, deceitfully suggesting that it had been transferred to him by Bibangamba.
These charges stem from complaints related to four plots on land situated in Block 435 at Bukaaya Village in Katabi Town Council, Entebbe. Mr. Bibangamba has accused Mr. Kamoga of subdividing his land into more than 100 plots, transferring them into his name, and subsequently selling them without his consent.