KAMPALA-UGANDA/NEWSDAY: Controversial city lawyer Felix Kintu Nteza is facing five years in jail over sh195m relating to a botched land deal.
Mr. Nteza of Kintu Nteza and Company advocates is under indictment for obtaining money by false pretense for a property whose existence he allegedly know was hot air, but because of desire for cash, according to prosecution papers, he went ahead and signed.
He is being charged contrary to section 305 of the Penal Code Act at Buganda Road Chief Magistrate Court in Kampala City. If convicted, he faces a punishment of five years in jail.
Court documents state that, Nteza, in a bid to obtain the money, concocted a situation that the runners of the estate of the late Gorge Kamya and the beneficiaries of the estate were selling land at Busiro block 220, plot 64 land at Gimbo in Wakiso district whereas not. Prosecution is led by Shifrah Nyadoi.
Nteza’s cade came up for hearing on Monday, but his lawyer Friday Roberts Kagoro asked Grade One Magistrate Fidelis Otwao to halt the proceedings pending determination of his client’s case in arelated matter at the Civil Division of the High Court.
The statement of offense reads that on August 27, 2013, Nteza received Shs.195 million pretending to be taking the same on behalf of the administrators of the late Kamya George in a land sale agreement of 15 acres of land in Wakiso.
Nteza is accused of conniving with fourteen other people to sell land that never existed.
“At all material times, he knew or ought to have known the authenticity of the land but in total disregard of his professional ethics and conduct, counsel connived and or misadvised into the misrepresentation of the plaintiff,” she said.
The complaint continues; ” As a result of misrepresentation, and connivance, the plaintiff entered into the said transaction and was defrauded of Sh.195m.”
As part of their evidence, four handwritten acknowledgement letters are being presented when on four different occasions Nteza himself received cash totaling Sh.75m.
On March 26, 2014 Nteza received Shs.10.7 million; On May 22, 2014 a further Shs.20m was received.
On June 23, 2014 Nteza was paid and signed for Shs. 40 million while he further on August 5, 2014 he received Shs.4.3 million.
“In total, the defendants fraudulently received Shs.195 million ,” the plaint reads “but the plaintiff did not get the land for which she paid.”
Nteza is accused of flouting legal practices yet he wields the wisdom as a learned person to judge and rightly.
“In total disregard of his professional ethics and conduct, together with another defendant, connived with or misadvised the other defendants into misrepresenting to the plaintiff with the aim of defrauding her.”
In their prayers to court, they want interest on money received by Nteza and damage for the financial loss. They also demand for interest against Shs. 13 million that was paid as legal and survey fees.
But in his defense, Nteza says that he is maliciously being prosecuted in regard to the matter.
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.
On Monday, before the magistrate adjourned the case until December 7, he directed Kagoro to file written submissions giving justification why the trial should be halted so that the Office of the Director of Public Prosecution (ODPP) makes its reply over his request.
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