Muhammad Kamoga accused of fraudulently acquiring a 250 acre land at Bukaaya, Wakiso District.
A city businessman Peter Babingamba and property agent, Muhammad Kamoga are embroiled in a dispute over ownership of a 250-acre land at Bukaaya Village near Garuga in Wakiso District.
It is alleged that in June 2020, Babingamba granted Kamoga powers of attorney to negotiate with occupants and transmit any documents to him as the landlord to effect the transfer and to negotiate and settle after getting his consent with a view of regulating their occupancy through the purchase of land they occupy.
Documents show that the duo also signed a Memorandum of Understanding (MoU) where it was agreed that upon completion of the assignment, Kamoga was entitled to 35 percent of the proceeds of the land recovered while Babingamba was entitled to 65 percent.
In a counterclaim filed before the Land Division of the High Court, Babingamba alleges that instead of executing the assignment, Kamoga fraudulently transferred the land into his name, subdivided it into numerous plots for sale contrary to the agreements.
Through his lawyers of Kintu, Nteza, and Company Advocates, the businessman contends that Kamoga did not negotiate nor introduce any sitting tenant to him as he claims contrary to the powers of attorney and MOU.
Babingamba filed a counterclaim after Kamoga sued him in May this year seeking a declaration that he is entitled to 35 percent of the disputed land that he recovered from four plots.
Through his lawyers, Kamoga is seeking a court declaration that the titles that were advanced to Babingamba are the 65 percent that he is entitled to. He claims that Babingamba has no interest, right, or any claim whatsoever in the land that comprises the 35 percent that was retained by him.
But Babingamba alleges that Kamoga’s actions of claiming that he is entitled to 35 percent of the entire land in dispute, even to the extent of allocating himself large portions of the prime land and retaining title deeds contrary to the provisions of both the powers of attorney and MOU are illegal, null and void.
He states that the powers of attorney were revoked because of KKamoga deviatedm from what was expressly authorized too and resorted to the fraudulent transfer and subsequent sale of Babingamba’s land.
“…the defendant contends that the plaintiff is enjoying land that he grabbed from the defendant who is suffering psychological torture and distress upon losing his prime valuable property worth billions of Shillings,” reads the complaint accusing Kamoga of theft for illegally converting his land.
He is now seeking court orders to direct the Commissioner for land registration to cancel the registration of Kamoga and Francis Kaluandalo as proprietors of the disputed land on the 250-acre land. Documents on-court record show that the court on November 9 issued an interim order stopping Kamoga and Kaluzandalo from further transferring and or selling the subdivided plots until the determination of the case.
The court has also set November 29 for a hearing of another application filed by Babingamba against Kamoga for a temporary stay of any transactions on the disputed land.
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