City lawyer Felix Kintu Nteza has asked the High Court to halt criminal proceedings in a case in which he is accused of fraud in regard to a 2013 land transaction in Wakiso District.
Nteza of Kintu Nteza and Co. Advocates of obtaining money to a tune of shs195 million by false pretence from Interlink Education Services Limited in a case currently at Buganda Road Chief Magistrates court.
However, in the application, he claims that he is maliciously being prosecuted in regard to a land transaction for which he was neither the seller nor did he receive any money from the complainant but he signed as a witness.
He asserts that after the sale transaction in 2013, the disputes arose between the purchaser Interlink Educational Services Limited and the seller; Eva Nannozi and her 12 siblings leading to filing of a case in the High Court, Land Division.
In the High Court, Interlink Educational Services Limited is seeking for a refund of shs195 million and that the case is yet to be concluded.
According to the application, eight years after the sale/ purchase transaction and before he was dragged to court, the complainant demanded that Nteza pays back the said money and then pursues his clients for a refund which demand he flatly rejected.
However, Nteza says that; “…whatever I did in regard to the transaction was done in my capacity as an advocate acting for a known and disclosed client. I therefore rejected demands that I refund the money.”
He maintains the charges against him are meant to embarrass and exert pressure on him with a view of influencing the civil case already filed in regard to same matter which constitutes an abuse of the due process of the law because the facts therein are similar of an already pending case before the Land Division since 2014.
Nteza contends that the issue of liability and or refund of shs195 million for which he is charged of having obtained by false pretenses from Interlink Educational Services is in advanced stages of hearing and final determination.
If the criminal case before the magistrates’ court is halted, Nteza states that the case in the High Court shall conclusively determine the issue on who obtained the money and who should refund the Shs195 million.
Through his lawyers, he contends that the criminal charges are based on facts that are similar to a civil case filed in 2014 which is still pending final determination before the Land Division, for which he is a party.
Court documents show that in August 2013, Interlink Educational Services Limited purchased land from family members at Gimbo, Wakiso District at Shs195 million where Nteza was a witness.
In a sworn statement, Nteza states that he signed as a witness in the sale agreement for the land and that he offered professional services to the sellers in his capacity as a lawyer.