By Swaib Kalule
Renowned city businessman, Muhammad Kamoga, the proprietor of the famous Kamoga property consultant is in trouble over Shs20bn land deal gone badly. Peter Bibangamba, through his lawyer Felix Kintu Nteza of Kintu Nteza and Company Advocates and F.X Ogwado and Company Advocates has filed a counterclaim suit in the High Court Land Division Kampala accusing Kamoga of fraudulently transferring his land registered on Busiro Block 435 plot 8, 10, 11 and 96 measuring 250 acres situated at Bukaya, Wakiso district along showers of lake Victoria. In his affidavit, Bibangamba alleges that in July 2020 he entered into an agreement and gave powers of Attorney to Kamoga to administer his land on his behalf where he was supposed to open boundaries of the whole land and ascertain the persons physically on the land. He stated that Kamoga was supposed to negotiate and settle after getting his consent as the landlord with the occupants with the view of regularizing their occupancy through purchase. Kamoga was supposed to remove and prosecute all occupants who refused to regularize their occupancy of the land in an amicable manner. He was given powers to institute and file both criminal and civil proceedings in Court for purposes of recovering the said land on behalf of the landlord. Kamoga was given powers to negotiate with occupants and to transmit any such documents to the landlord to effect the transfer. Bibangamba told Court that on 22nd of May, 2021, he revoked the powers of Attorney earlier given to Kamoga after learning that the latter was acting outside the scope of the express powers. He alleges that Kamoga subdivided his land fraudulently and by using a single transfer instrument he transferred over 23 plots at one single transaction with a single instrument number. “He purported titles to himself of the 35% of the counterclaimant’s land whereas the memorandum of understanding provides for 35% of the proceeds of the land. He alleges that he had finished the work he was assigned to do yet he has neither furnished an audit report nor introduced a single occupant on the counterclaimant’s land for purposes of effecting transfer as stipulated in the powers of Attorney,” Bibangamba’s affidavit reads. He asks the Court to direct Kamoga to compensate him for the loss of his land unlawfully sold to the third parties through a comprehensive audit and valuation report. “The counterclaimant has commissioned a valuation of all the plots fraudulently sold to the third parties. The valuation report shall be produced at the trial in further proof of the special damages which exceeds Shs20bn,” the affidavit further reads. Among the plots Kamoga reportedly transferred fraudulently include plots 354, 348, 349 transferred into the names of Buyinza Yokana; plot 235 sold to Nakitto Norah; plot 214 sold to Kabarigira John; plots 198, 193, 191 sold to Birungi Edson Ricky; plots 480, 481 sold to Seremba Mugera Fred; plot 215 sold to Bayita Frank Kagina; plot 225 sold to Walugembe Tonny Salongo; plot 228 sold to Kizito George William; plot 343 sold to Luswata Roger; plot 211, 212 sold to Kato Kaleebi; and plots 462, 463 sold to Nabanja Shamim Birungi. However in his defense, Kamoga insists that the counterclaimant has violated the powers of Attorney given to him since he has finished all the work given to him to execute on the said land.
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