The Court of Appeal has overturned a High Court order that previously halted the fraud trial of land broker Muhammadi Kamoga, the proprietor of Kamoga Property Consultants related to a 200-acre property in Garuga, Bukaya, Entebbe, Wakiso District.
A three-member panel of the Court of Appeal unanimously quashed the High Court ruling, asserting that the lower court had incorrectly stayed the criminal proceedings, resulting in a miscarriage of justice.
“This is a valid reason why the trial judge ought not to have stayed the criminal proceedings. If a party commits a crime in pursuit of civil rights, they can still be prosecuted. Allegations of forgery in a transfer instrument necessitate continued investigation and prosecution,” the court stated.
Judges Fredrick Egonda-Ntende, Barishaki Cheborion, and Dr Asa Mugenyi presided over the case.
In September 2023, Kamoga, of Kamoga Property Consultants, was charged in the Chief Magistrate’s Court in Entebbe with multiple counts of forgery, uttering a false document, and obtaining registration by false pretence.
The charges stem from the alleged fraudulent acquisition of ownership of a 200-acre plot of land in Bukaya and Bugoba – Garuga, belonging to Mr. Peter Bibangamba.
In November 2023, the High Court had halted Kamoga’s prosecution, citing an ongoing civil case regarding the same matter.
However, the Court of Appeal ruled that the High Court overstepped its authority by making an order for stay without an existing order from the magistrate’s court.
The court emphasized that it must first evaluate the legality and propriety of any findings or orders from the lower court.
“There has to be an order from the magistrate’s court for the High Court to review or stay. By staying the case without an application from the magistrate’s court, the High Court was overstepping its jurisdiction,” the judges explained.
The Court of Appeal further clarified that criminal proceedings cannot be stayed simply because of ongoing civil proceedings unless serious grounds affect a party’s right to a fair hearing.
“In the event of conviction, a party may appeal. There are mechanisms to address grievances, but staying criminal proceedings while civil cases continue is not among them,” the judges concluded.
Kamoga is facing multiple charges related to forgery of transfer forms dated February 8, 2021, for land in Block 435 involving 105 plots. It is alleged that on May 7, 2021, at the Wakiso Lands Office, Kamoga forged a transfer form purporting it to be signed by Bibangamba.
He is also accused of submitting the forged documents to the Registrar of Titles and obtaining registration by false pretence concerning the prime land in Bukaya, Garuga.
Additionally, Kamoga faces accusations of unlawful eviction and malicious damage to properties owned by Nabyonga Harriet.
