Court throws out lawyer Nteza’s bid to halt criminal proceedings against him

Buganda Road Chief Magistrates Court has dismissed an application in which lawyer Felix Kintu Nteza had sought to halt criminal proceedings against him until a civil matter in which he challenged his trial is disposed of.

Nteza of Kintu Nteza and Co. Advocates is accused  of obtaining money to a tune of shs195 million by false pretence from Interlink Education Services Limited in regard to a 2013 land transaction in Wakiso District.

The case is before Buganda Road Magistrates Court.

However, he ran to the Civil Division of the High Court to stop his trial.

In the same vein, the lawyer asked Buganda Road court to halt his trial until his case before the High Court is disposed of.

On Wednesday, Buganda Road Grade One magistrate Fidelis Otwao dismissed the application by the lawyer.

“No law requires that a civil or criminal matter should take precedent over the other and the magistrates act makes no provision for staying of criminal proceedings in hearing of civil matters. However, authorities available seem to suggest that due to their public nature and the fact that they  address grounds against society, general criminal matters should take precedent ,” the magistrate ruled.

The magistrate explained that since the suit he filed before the Civil Division of the High Court , proceedings have never taken place and therefore one can’t determine whether it will succeed or fail.

“The High Court civil suit is yet to commence and it is therefore premature for court to deduce that there is similarity or difference in the two matters. There is no risk for conflicting judgments or determination.”

He noted that it is in the interest of all parties involved that there is a speedy trial and disposal of the matter.

I therefore find no sufficient evidence to grant the application. This application is therefore dismissed."