The High Court has ordered Buganda Road Chief Magistrates Court to continue with criminal proceedings against city dentist Dr Lule Ntwatwa regarding fraud over ownership of land at Katanga, near Wandegeya.
High Court Judge Paul Gadenya Wolimbwa dismissed Dr Ntwatwa’s application reasoning that there was no merit in the application and that the issues raised should be handled administratively.
“I recognize that there are a number of legitimate concerns that were raised in this application. These were, however, largely interlocutory matters. they are amenable to appeal not revision,” the court held.
Justice Gadenya also dismissed Dr Ntwatwa’s plea to have the case file taken back to LDC court, reasoning that the Chief Magistrates Court at Buganda Road acted within its powers in calling for and re-allocating the case file.
“There is therefore no legal basis upon which this court can direct its return to the LDC court. If the applicants (Ntwatwa and Statuat Kateregga) genuinely apprehend on the part of the Trial Magistrate, the proper first recourse as observed is an application for her recusal. She must pronounce herself upon it. A party dissatisfied with the outcome of such an application is not without remedy,” Judge ruled.
Justice Gadenya held that he was not satisfied with Dr Ntwatwa’s argument that it is impossible for him to receive a fair trial because complaints regarding the admission and rejection of exhibits are amenable to correction on appeal.
“Secondly, I am not satisfied that a stay is necessary to protect the integrity of the justice system. The prosecution of the applicants’ lawyers has already been set aside by this court on revision. The pendency of related civil proceedings does not bar the criminal trial” the court ruled.
Through their lawyers, Dr Ntwatwa and Stuart Kateregga had petitioned the court seeking for revision and to halt the criminal trial against them citing abuse of court process.
The duo is jointly charged with local leader Wasswa Ntoogo on criminal charges of forgery and uttering a false document.
Justice Gadenya’s decision gives green light to the case slated to resume Wednesday (July 15, 2026) for court direction after Dr Ntwatwa and his co-accused persons defended themselves on the case.
Case:
It is alleged that Dr Ntwatwa, Stuart Kateregga, Wasswa Ntoogo and others still at large in the year 2019 at Wandegeya Police Station, Kawempe Division in the Kampala District gave information to Detective Corporal Lubowa employed by the Uganda Police force which they knew was false that they were the rightful owners of the Kibanja opposite government Analytical Laboratory (GAL) Mulago Round about.
The false information was intended to cause the said Police officer to believe that the said Kibanja belonged to them which led to him denoting time and energy to investigate the matter.
It is alleged that between 2019 and 2020 in Kampala, the three suspects conspired to defraud Walugembe of his Kibanja opposite GAL at Mulago Round About Haji Kasule Road by claiming to have bought it from Bulasio Bwisi in the early 1990s.
According to the charge sheet, on September 17, 2020 at Wandegeya Police Station in Kawempe Division knowingly and fraudulently uttered false documents to wit Busuulu receipts (Ground rent receipts) to the Police officer purporting to have been issued to him by the family of Ashe Sendawula Mukasa.
Background
In 2015, the High Court ruled that the Katanga Valley land occupied by four family members and their licensees, were now bonafide occupants whose rights are well protected under the laws governing ownership of land.
The four family members are Jonathan Yosamu Masembe, Bulasio Buyisi, George Kalimu and Samalie Nambogga. They were battling with Makerere University and the Commissioner for Land registration over cancellation of their Land titles and ownership of the land by Makerere University.
