By Our Team
KAMPALA
The supreme court ruling clearing criminal proceedings against City property dealer and land developer, Hajj Muhammad Kamoga have come to find the trial magistrate under threat by Hajj Kamoga him self.
Recently Hajj Kamoga lodged a complaint against the Entebbe Chief Magistrate, Stella Maris Amabills to the Judicial Service commission allegedly accusing her for abuse her judicial powers.
Hajj Kamoga petitioned the deputy chief Justice, His Lordship, Flavian Zaija accusing the magistrate of bias in the criminal cases No. 8358 and No.8360 respectively.
The deputy chief Justice has since summoned the magistrate to appear on the 26th August to defend her self.
The land dealer says the magistrate has been too much on him.
But sources close the magistrate said that the business man is trying to settle his land legal matters rabadaba style.
Those in the know feels Hajj Kamoga is threatening justice and that this has some how left the trial magistrate under fear for her life.
Meanwhile the legal concerned said the move is moreless putting the life of the magistrate in balance and that city mafias may soon start to employ such moves to dodge justice.
WHAT THE SUPREME COURT RULING SAYS.
The supreme court ruling has come to put back Hajj Kamoga on square one after the Supreme Court cleared the path for his criminal prosecution over allegations of forgery and fraud.
The matter which is set for a historical trial is related to a contested 200-acre land deal in Garuga, Wakiso District.
Justice Monica Mugenyi directed in a ruling sitting as a Single Judge that Hajj Kamoga’s application for an interim order holds no merit.
The dismissed application sought to halt the proceedings at the Entebbe Chief Magistrate’s Court effectively allowing the case to proceed.
For starter’s, Hajj Kamoga, who runs Kamoga Property Consultants, had petitioned the court to stay the criminal proceedings, citing a pending civil suit over the same land dispute before the High Court.
However, Justice Mugenyi ruled that continuing the criminal case would better serve the interests of justice.
“I am unable to discern any travesty of justice that an interim order of stay would seek to deflect. The ends of justice are better served by the expeditious prosecution of the criminal case,” she stated in her judgment.
The charges stem from Kamoga’s alleged fraudulent acquisition of land located in Bukaya and Bugoba villages, under Katabi Town Council, land which is claimed by businessman Peter Bibangamba.
It should be recalled that In September 2023,. Hajj Kamoga was charged with forgery, uttering false documents, and obtaining registration by false pretence .
However, in November 2023, the High Court stayed the prosecution, citing the civil suit as a potential legal conflict.
But such a decision was successfully challenged by the Director of Public Prosecutions (DPP) in the Court of Appeal, which held that the High Court had misapplied the law, particularly Section 209 of the Magistrates Courts Act, which governs civil and not criminal matters.
Hajj Kamoga then turned to the Supreme Court, seeking an interim stay of execution pending his main appeal (Criminal Appeal No. 138 of 2024) and a related application (Criminal Application No. 2 of 2025).
But in the historical ruling, Justice Mugenyi found that the High Court had acted outside its supervisory mandate by issuing a permanent stay, which contravened Section 17(2) of the Judicature Act, designed to ensure the swift and fair administration of justice.
She further underscored that the prosecution of criminal matters lies with the DPP, and courts should only intervene where a fair trial is clearly not possible or the integrity of the judicial system is threatened.
“It has not been established before me that the applicant would not undergo a fair trial… or that the criminal justice system would be compromised by his prosecution,” she ruled.
The judge also clarified that Kamoga’s criminal trial would not prejudice the civil case and that he would have ample opportunity to present his defence, including claims that Peter Bibangamba voluntarily signed the disputed land transfer forms.
Representing Kamoga in court was lawyer Brian Kusingura Tindyebwa, while the Directorate of Public Prosecutions was represented by Chief State Attorney Happiness Ainebyoona.
The Supreme Court’s decision has thus put the Entebbe Chief Magistrate’s into drive mode to resume criminal proceedings, putting one of Uganda’s most-watched land dispute cases back into play.
And this practically puts Hajj Kamoga in a strange position given all the historical legal notices which warranted his arrest with others, to face justice.
Do you want to share a story, comment or opinion regarding this story or others, Email us at newsdayuganda@gmail.com Tel/WhatsApp........0726054858
By Our Team
KAMPALA
The supreme court ruling clearing criminal proceedings against City property dealer and land developer, Hajj Muhammad Kamoga have come to find the trial magistrate under threat by Hajj Kamoga him self.
Recently Hajj Kamoga lodged a complaint against the Entebbe Chief Magistrate, Stella Maris Amabills to the Judicial Service commission allegedly accusing her for abuse her judicial powers.
Hajj Kamoga petitioned the deputy chief Justice, His Lordship, Flavian Zaija accusing the magistrate of bias in the criminal cases No. 8358 and No.8360 respectively.
The deputy chief Justice has since summoned the magistrate to appear on the 26th August to defend her self.
The land dealer says the magistrate has been too much on him.
But sources close the magistrate said that the business man is trying to settle his land legal matters rabadaba style.
Those in the know feels Hajj Kamoga is threatening justice and that this has some how left the trial magistrate under fear for her life.
Meanwhile the legal concerned said the move is moreless putting the life of the magistrate in balance and that city mafias may soon start to employ such moves to dodge justice.
WHAT THE SUPREME COURT RULING SAYS.
The supreme court ruling has come to put back Hajj Kamoga on square one after the Supreme Court cleared the path for his criminal prosecution over allegations of forgery and fraud.
The matter which is set for a historical trial is related to a contested 200-acre land deal in Garuga, Wakiso District.
Justice Monica Mugenyi directed in a ruling sitting as a Single Judge that Hajj Kamoga’s application for an interim order holds no merit.
The dismissed application sought to halt the proceedings at the Entebbe Chief Magistrate’s Court effectively allowing the case to proceed.
For starter’s, Hajj Kamoga, who runs Kamoga Property Consultants, had petitioned the court to stay the criminal proceedings, citing a pending civil suit over the same land dispute before the High Court.
However, Justice Mugenyi ruled that continuing the criminal case would better serve the interests of justice.
“I am unable to discern any travesty of justice that an interim order of stay would seek to deflect. The ends of justice are better served by the expeditious prosecution of the criminal case,” she stated in her judgment.
The charges stem from Kamoga’s alleged fraudulent acquisition of land located in Bukaya and Bugoba villages, under Katabi Town Council, land which is claimed by businessman Peter Bibangamba.
It should be recalled that In September 2023,. Hajj Kamoga was charged with forgery, uttering false documents, and obtaining registration by false pretence .
However, in November 2023, the High Court stayed the prosecution, citing the civil suit as a potential legal conflict.
But such a decision was successfully challenged by the Director of Public Prosecutions (DPP) in the Court of Appeal, which held that the High Court had misapplied the law, particularly Section 209 of the Magistrates Courts Act, which governs civil and not criminal matters.
Hajj Kamoga then turned to the Supreme Court, seeking an interim stay of execution pending his main appeal (Criminal Appeal No. 138 of 2024) and a related application (Criminal Application No. 2 of 2025).
But in the historical ruling, Justice Mugenyi found that the High Court had acted outside its supervisory mandate by issuing a permanent stay, which contravened Section 17(2) of the Judicature Act, designed to ensure the swift and fair administration of justice.
She further underscored that the prosecution of criminal matters lies with the DPP, and courts should only intervene where a fair trial is clearly not possible or the integrity of the judicial system is threatened.
“It has not been established before me that the applicant would not undergo a fair trial… or that the criminal justice system would be compromised by his prosecution,” she ruled.
The judge also clarified that Kamoga’s criminal trial would not prejudice the civil case and that he would have ample opportunity to present his defence, including claims that Peter Bibangamba voluntarily signed the disputed land transfer forms.
Representing Kamoga in court was lawyer Brian Kusingura Tindyebwa, while the Directorate of Public Prosecutions was represented by Chief State Attorney Happiness Ainebyoona.
The Supreme Court’s decision has thus put the Entebbe Chief Magistrate’s into drive mode to resume criminal proceedings, putting one of Uganda’s most-watched land dispute cases back into play.
And this practically puts Hajj Kamoga in a strange position given all the historical legal notices which warranted his arrest with others, to face justice.
Do you want to share a story, comment or opinion regarding this story or others, Email us at newsdayuganda@gmail.com Tel/WhatsApp........0726054858
Do you want to share a story, comment or opinion regarding this story or others, Email us at newsdayuganda@gmail.com Tel/WhatsApp........0726054858