Justice a Must Here: Appeals Courts in Kampala Contends That Supposed Fraud-star and Land Broker Kamoga of Kamoga Property Consultants Must Face Trial

The Court of Appeal has overturned a High Court Order, allowing the fraud trial against property and land broker Mohammadi Kamoga to proceed. Kamoga face charges related to alleged forgery, uttering false documents, and obtaining registration by false pretenses regarding a 200-acre land at Garuga, Bukaya, Entebbe in Wakiso District.

A three-member panel of the Court of Appeal unanimously quashed a High Court order that had stopped the prosecution of Kamoga on grounds that the lower court had erroneously stayed the fraud criminal proceedings thereby occasioning 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 its civil rights, he or she can still be prosecuted. If one alleges that the transfer instrument was forged, investigation and prosecution of the culprit should continue,” court held.

The judges are Fredrick Egonda – Ntende, Barishakl Cheborion and Dr Asa Mugenyi. In September 2023, Kamoga of Kamoga property consultants was charged before the Chief Magistrates court at Entebbe with multiple counts of forgery and uttering a false document and obtaining registration by false pretense. The charges are in connection with the alleged fraudulent acquisition of ownership of a 200-acre land on two villages of Bukaya and Bugoba – Garuga, in Katabi Town Council, Wakiso District, the land belonging to Peter Bibangamba.

In November 2023, the High Court had stopped the prosecution of Mr. Kamoga citing an ongoing civil case over the same subject matter. But the court of appeal judges ruled that the court has to satisfy itself on the legality, correctness, or propriety of any finding, punishment or order of the magistrate’s court. The court also observed that there was no finding, sentence or order passed by the magistrate’s court and hence the High court could not examine proceeding when there is no existing order made by the lower court

“There has to be an order of the magistrate for the High Court to review or stay. By making an order for stay when there was no application for stay before the magistrate’s court, the High Court was usurping the powers of the lower court. The High Court cannot review or entertain an appeal when there is no order from the lower court,” The court reasoned.

The judges added: “It (High Court) cannot exercise supervisory nor appellate jurisdiction in the absence of an order.” According to Court of Appeal, criminal proceedings emanating from the same facts as civil proceedings cannot be stayed because of the latter unless there are serious grounds that may affect a party’s right to a fair hearing as provided for in the constitution.

“In the event of conviction, a party may still appeal. An aggrieved party still has an option to file a suit under the tort of malicious prosecution. There are other mechanisms to ensure that while the Directorate of public prosecutions (DPP) has significant powers there are not absolute. However, to stay criminal proceedings while civil proceedings are continuing is not one of the mechanisms envisaged unless there are exceptional circumstances,”The judges held.

The court of appeal decision arose from an appeal in which DPP successfully challenged the High Court order that had halted the trial of Kamoga on serious fraud charges. Kamoga is battling multiple fraud related accusations relating to forgery of transfer forms dated February 8, 2021 in respect to land on Block 435 in regard to 105 plots. It is alleged on May 7, 2021 at Wakiso Lands office, Kamoga with intent to deceive forged a transfer form dated May 7 in respect to land on block 435 plot 8 purporting it to have been by Bibangamba Peter whereas not.

The land broker is also accused of uttering a false document where it is alleged that he submitted the said forged documents to the Registrar of tiles purporting it to be signed by Bibangamba whereas not. Kamoga is also accused of obtaining registration by false pretenses in regard to over 105 plots of prime land at Bukaya, Garuga. The land broker is also accused of unlawful eviction and malicious damage to properties belonging to Nabyonga Harriet.

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Daniels N Tatya: 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