The High Court in Kampala has halted a fraud case against land broker Muhammad Kamoga of Kamoga Properties Limited.
Kamoga is charged with eight cases in connection with the alleged acquisition of ownership of a 200 acre land on two villages of Bukaya and Bugoba – Garuga, in Katabi Town Council, Wakiso District.
He was arraigned before the Chief Magistrates court at Entebbe with forgery and uttering a false document and obtaining registration by false pretense.
He however asked the High Court to stop the impending trial seeking for declaration that criminal proceedings in the chief magistrates court at Entebbe amount to criminalizing land disputes which constitutes an abuse of court process and perversion of course of justice.
On Tuesday, Justice Isaac Muwata issued a directive halting Kamoga’s trial since similar the case is similar to one before the civil division of the High Court.
The judge said the charges before the Civil Division of the High Court and Court of Appeal as well as the magistrates court are rotating around the same thing which is a disagreement between Kamoga and Bibangamba Peter.
“It is my considered view that where the civil court has taken cognizance of the matter and is in process of determining it, it is only desirable to stay the criminal matter and decision in the civil suit may be conclusive. The applicant should be given benefit of doubt that he will be prejudiced as the continued prosecution may render the reliefs sought nugatory,” Justice Muwata said.
Justice Muwata therefore halted the criminal charges against Kamoga in the chief magistrates court in Entebbe until the earlier cases in the civil division of the High Court and in Court of Appeal are disposed of.
Speaking shortly after court, Kamoga welcomed the ruling which he said has delivered justice.
