Court has summoned city Dentist Lule Ntwatwa to defend himself over accusations of forgery and uttering false documents regarding ownership of kibanja in Katanga near Wandegeya.
Buganda Road Court Magistrate Winnie Nankya Jatiko issued criminal summons against Dr Ntwatwa after he missed a court sitting to defend himself on fraud related charges.
Dr. Ntwatwa was supposed to appear in Court on Thursday to conclude his defence, but without informing court about his absence through his lawyers, he missed the court.
Dr. Ntwatwa’s absence prompted the magistrate to order that he should appear on Tuesday next week.
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Ntwatwa is accused of uttering false documents and authoring forgeries to prove his Kibanja interest on part of the disputed Katanga Valley land near Wandegeya.
Dr. Ntwatwa a dentist and resident of Aggrey Zone in Lubaga Division is jointly charged with Stuart Kateregga a self-employed resident of Munyonyo in Makindye Division and Wasswa Ntoogo a resident of Soweto Zone in Katanga, Kawempe Division
Among the witnesses Ntwatwa brought to defend him include Court of Appeal judge Dr Asa Justice Mugenyi who testified that he worked for Dr Ntwatwa as private lawyer and a court judgment which was rejected by court because it was not certified as required.
The Court of Appeal judge also presented a tenancy agreement he drafted for Dr Ntwatwa and his tenant but he could not explain the tenant’s activity.
Court also rejected a sales agreement purportedly executed between Stella Nassuuna and pastor Daniel Walugembe for 25 decimals of Kibanja.
Nassuuna had presented the purported photocopy of the agreement testifying that she sold a 25 decimal Kibanja to Walugembe but did not know its location.
She also told the court that the portion was gifted to her by the late Jonathan Masembe, one of the Bonafide occupants on Katanga land without a written note.
State Attorney Allan Mucunguzi objected to the agreement reasoning that it is a mere photocopy which could not be admitted as exhibit.
Another rejected document was an eviction notice presented by Moses Besimira which was objected by the state saying that it was not a certified copy as required by law.
Besimira who claimed to own more than 2-acres of Kibanja land in Katanga also failed to prove his ownership when the state asked him to show evidence.
Without showing any proof from the documents, Besimira also claimed that he was part of the 2015 decision of the High Court in which Justice Owiny Dollo declared that four family members and their lessees are Bonafide occupants.
The court also rejected notices and license documents from Kampala City Council (KCC) presented by Kateregga, another defence witness.
Kateregga who claimed that he opened a Kiosk on Dr Ntwatwa’s Kibanja in 1992 only presented documents of 2008 leaving questions of when exactly he came onto the disputed land.
The trial magistrate directed that all rejected documents can only be admitted as exhibits as long as they are certified.
Dr Ntwatwa had presented the witnesses while defending himself over accusations of giving false information to police officers regarding ownership of Kibanja on part of Katanga land at Mulago Round About.
Dr Ntwatwa is jointly charged with Kateregga and Wandegeya Ward LCII chairperson, Wasswa Ntoogo.
It is alleged that Dr Ntwatwa, Kateregga, 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.
The state alleges 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 had 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.
