The High court in Kampala has issued an injunction halting all charges against businessman Mohamed Kamoga of Kamoga Property Consultants.
Kamoga has been battling eight counts initiated by Peter Babigamba related to the alleged acquisition of a 200-acre land parcel spanning Bukaya and Bugoba–Garuga villages in Katabi town council, Wakiso district.
The accusations included forgery, uttering false documents, and obtaining registration through pretense, brought before the Chief Magistrate's court at Entebbe. Seeking to halt the impending trial, Kamoga appealed to the High court, arguing that the criminal proceedings amounted to the criminalization of a land dispute - an abuse of the court process and a perversion of justice.
Justice Isaac Muwata, presiding over the case, observed that charges across the civil division of the High court, Court of Appeal, and the Magistrate's court revolved around the dispute between Kamoga and Peter Babigamba. Muwata highlighted that the High court and the Court of Appeal, where civil suits were pending, held jurisdiction to settle the rights of both parties concerning the disputed land.
The issue of land ownership pending in these courts could significantly impact the criminal proceedings. The judge reasoned that allowing both civil and criminal matters to proceed simultaneously risked conflicting decisions. The civil disputes tackled the land's ownership and the legality of Kamoga's actions, already filed before the criminal proceedings.
He emphasized that these higher courts would determine if Kamoga's transactions were lawfully authorized within the memorandum of understanding and the power of attorney with Peter Babigamba. Any identified illegalities would be addressed through the High court proceedings.
Justice Muwata emphasized that any transfers or documents violating the terms of the memorandum or exceeding Kamoga's powers under the power of attorney would be addressed and terminated by the High court. This ensured a comprehensive resolution within the existing legal framework.