In the ‘Omubbi agobba nanyini bintu’ style, Muhammad Kamoga, the prominent land broker and city dealer who is currently facing criminal prosecution with multiple charges of fraud and forgery, has made a bold move to seek refuge in the High Court of Kampala.
Kamoga, well-known for his role as the founder of Kamoga Property Consultants, has enlisted the services of M/s MAGNA ADVOCATES, a respected law firm, to challenge the ongoing criminal proceedings against him. The state accuses Kamoga of engaging in fraudulent activities related to the alleged acquisition of a 200-acre piece of prime land situated in the villages of Bukaya and Bugoba, Garuga, within Katabi Town Council, Wakiso District. Last September, he was slapped with several fraud charges, which have cast a dark cloud over his reputation.
In his application before the High Court, Kamoga argues that the criminal proceedings against him are unjustly criminalizing what should be considered as land disputes. He contends that these proceedings constitute an abuse of the court process and a perversion of the course of justice. Kamoga’s application, dated October 20, 2023, is supported by a sworn affidavit signed by Kamoga Mohammadi, represented by M/S Magna Advocates.
Kamoga stated in his application thus; “the Applicant will suffer substantial loss if the criminal proceedings are not stayed, as the same has the potential to prejudice and compromise his rights and the right to be heard in the pending civil suits. The processability of a criminal court determination may render the reliefs sought in the earlier filed civil suits and appeal nugatory, unless the said criminal proceedings are stayed.”
The charges against Kamoga were initiated in September of this year when the deputy Director of Public Prosecutions (Deputy DPP), George William Byansi, directed the police to arrest him and present him in court. Kamoga is now facing eight counts of fraud and forgery, which include charges of forgery, uttering a false document, and obtaining registration by false pretense.
The state alleges that on May 7th 2021, at the Wakiso Lands office, Kamoga forged a transfer form purporting it to have been signed by Bibangamba Peter, with the intent to deceive. Similarly, he is accused of forging a transfer form dated February 8th 2021, in connection with 105 plots. Furthermore, Kamoga is charged with uttering a false statement by submitting the forged documents to the Registrar of Titles, falsely claiming that they were signed by Mr. Bibangamba.
According to the state, Kamoga fraudulently registered disputed land under the Registration of Titles Act, pretending that the same was transferred to him by Bibangamba. The charges stem from allegations regarding four plots of land in Bukaaya Village, Katabi Town Council, Entebbe.
Mr. Bibangamba, the complainant, alleges that Kamoga engaged in fraudulent activities involving the subdivision, transfer, and sale of more than 100 plots of his land and the forgery of his signature on land transfer forms. In 2021, Bibangamba sought Kamoga’s assistance to reclaim his land from problematic occupants. They signed a Memorandum of Understanding and powers of attorney to facilitate the assignment.
These powers of attorney granted Kamoga the authority to sign and execute court documents and take any necessary steps to enforce the assigned powers. However, according to the complaint, Kamoga proceeded to forge Peter Bibangamba’s signature on transfer forms, subsequently transferring the land into his name and selling it without the complainant’s knowledge or consent.
It remains to be seen whether Kamoga can persuade the High Court to stay the civil suits against him, given that some believe his arguments are baseless and in opposition to the principles of justice and the legal process. Kamoga’s legal battle is unfolding amidst a backdrop of controversy and public scrutiny, casting a long shadow over his once-sterling reputation in the city’s real estate world.
- Mr. Daniels N. Tatya is an affluent Sports Writer, Commentator and Editor. His over 15 years of covering almost major sporting events makes him a revered and an authority on investigative Sports journalism in Uganda. He can also be reached via [email protected] +256(0)758268315
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