The Court of Appeal is set to hear an appeal in which the Directorate of Public Prosecutions (DDP) is challenging an order that stayed prosecution of land dealer, Muhammad Kamoga before the Magistrates Court at Entebbe.
The appeal will be heard on July 24, 2024.
In 2023, the High Court halted the criminal trial of Kamoga, the director of Kamoga Property Consultants in connection with fraudulent transfer of land titles, forgery of a signature of businessman Peter Bibangamba on land transfer forms for the 200 acre land at Bukaaya, in Katabi Town Council, Wakiso District.
In a July 11, 2024 notice to the DPP and Kamoga, the court registrar, Lillian Bucyana summoned the parties to attend to court for hearing of the appeal before a three member panel.
The judges are Fredrick Egonda Ntende, Cheborion Barishaki and Asa Mugenyi.
“If no appearance is made on your behalf, by yourself/ your pleader or by someone by law authorized to act for you, the hearing will proceed in your absence,” reads the notice.
Appeal
DPP is seeking for an order of the court of appeal to quash the High Court order to enable criminal proceedings against Kamoga to be heard and determined at Entebbe Chief Magistrats Court.
In the appeal, the DPP faults the High Court for hearing an application filed by Kamoga for stay of proceedings when he had no locus to petition the High Court because there was no order, conviction or sentence imposed on him by the lower court to give him a right to petition court.
DPP further states that the stay of criminal proceedings against Kamoga was done in error because the application was a total abuse of court processes and intended to delay criminal justice as well as defeating the powers of the DPP under Article 120 of the Constitution.
The DPP now wants the Court of Appeal to overturn the High Court decision so that the criminal case against Kamoga is heard and determined.
Origin
In September 2023, Kamoga was arraigned before the Chief Magistrates Court at Entebbe on multiple charges of alleged forgery of the signature of businessman Peter Bibangnba on transfer forms for land at Busiro, Block 435 for more than 200 titles of land. He was also accused of uttering false documents and obtaining registration by false pretence.
In another case file, Kamoga was charged with malicious damage to property and unlawful eviction of Harriet Nabyonga, a resident of Bukaaya village.
It is alleged on May 7, 2021 at Wakiso Lands office, Kamoga with intent to deceive forged a transfer form in respect to land on Block 435, Plot 8.
According to the state, Kamoga willfully procured for himself registration of Bibangamba’s land under the registration of titles Act by falsely pretending that the same was transferred to him by Bibangamba whereas not.
