By Our Reporter,
KAMPALA
Court has summoned two lawyers who are accused of fraud in regard to alleged forgery of land sale agreements for Kibanja in Katanga -Wandegeya, Kampala.
The Magistrates Court at Buganda Road, Jalia Basajjabalaba issued criminal summons against the lawyers; Robert Senfuka and Umar Nyanzi to answer accusations of forgery and uttering false documents.
“Let the accused persons (Ssenfuka and Nyanzi) appear and take plea. I will also hear any application in relation to the case after I have read the file,” held Magistrate Basajjabalaba before directing the lawyers to appear in court on December 17, 2014.
The court summons followed failure of the accused lawyers to appear to plead to the charges.
It is alleged that the lawyers Ssenfuka and Nyanzi attached to SK & Partners Advocates while acting for and on behalf of their client, Dr Ntwatwa Lule committed criminal acts.
Court documents indicate that the accused lawyers are alleged to have committed forgery, uttering false documents and conspired to commit a felony when knowingly and unlawfully altered sales agreements dated February 9, 1996 and August 13, 1996 respectively.
However, the lawyers through their representatives objected to the charges and asked the court to quash earlier proceedings.
Isaac Ayebazibwe, one of the lawyers representing the accused persons pleaded in vain to stop the court from issuing criminal summons against his clients.
“Your worship, we have instructions from our clients to apply to court to quash the proceedings earlier made. Also to inform court that the case file has been called by the registrar in the High Court,” he said.
Ayebazibwe’s request followed a submission in which the private prosecutor, Alex Kiweewa asked the court to issue arrest warrant against Ssenfuka and Nyanzi, reasoning that the duo had failed to appear despite criminal summons being served on them.
In the complaint filed by the private prosecutor on behalf of pastor Daniel Walugembe, the accused lawyers allegedly forged the said sales agreements to alter original and authentic agreements drawn by the parties when the complainant was purchasing his Kibanja on Katanga land in 1996.
According to court records, Mr Ssenfuka and Nyanzi forged Walugembe’s agreement of February 9, 1996 and that August 13 1996 to indicate MTN telephone numbers of him (Walugembe) and his lawyer as well as bearing Land Act Cap 227 as the law under which the agreement was executed in 1996 yet it did not exist but alter the authentic agreements acquired by Pr Walugembe.
The complaint further states that the genuine and authentic sales agreements bore a certificate of translation whereas the forged ones did not.
Walugembe contends that the said agreements were orginated on behalf of Dr Ntwatwa thereby committing the offence of conspiracy to commit a felony before they were uttered before the Magistrates Court at LDC on July 10 2023 while cross examining him.
On August 14 2024, the same court ruled that the alleged forged documents were uttered to the Deputy Registrar of the Land Division, Ms Jeneva Natukunda who certified them ‘possibly in error’.
“I therefore do sanction the charges of forgery of the said sales agreement, uttering of false document and conspiracy to commit a felony. I also issue criminal summons against the person complained against who are Robert Senfuka and Umar Nyanzi,” reads the court ruling.
It is alleged that on July 21 2023, the law firm, SK and partners Advocates while representing Dr Ntwatwa petitioned the head of Land Division accusing Pr Walugembe of fraud and indicated that for further particulars, the court can contact Mr Robert Senfuka or Mr Umar Nyanzi.
Meanwhile the complainant, Pr Walugembe has challenged the lawyers to present evidence to prove that the Chief Magistrate, Kayizzi was his lawyer.
He told journalists at the court that the accused lawyers and their representatives have resorted to the tactic of maligning to elude justice.
“Courts of judicature is a court of records, let anyone alleging come up with case number and the year when the chief magistrate was my lawyer. Instead of appearing before court to defend them, they (lawyers) are making unfounded statements,” Pr Walugembe said.
