The High Court has dismissed an application by city dentist Dr Lule Ntwatwa seeking to halt criminal proceedings against him over the alleged fraudulent ownership of land in Katanga, near Wandegeya, paving the way for the trial to continue before the Buganda Road Chief Magistrate’s Court.
In his ruling, Justice Paul Gadenya Wolimbwa found that the application lacked merit, holding that the issues raised by the applicants were largely interlocutory and should be addressed through the normal appellate process rather than by revision.
“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 judge ruled.
Justice Gadenya also rejected Dr Ntwatwa’s request to have the case file returned to the Land Division Court (LDC), finding that the Buganda Road Chief Magistrate’s Court acted within its powers when it called for and reallocated the file.
“There is therefore no legal basis upon which this court can direct its return to the LDC court. If the applicants (Ntwatwa and Stuart Kateregga) genuinely apprehend bias on the part of the trial magistrate, the proper first recourse 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,” Justice Gadenya held.
The judge further dismissed the applicants’ argument that they could not receive a fair trial, saying complaints regarding the admission or rejection of exhibits could be addressed 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,” he ruled.
Through their lawyers, Dr Ntwatwa and co-accused Stuart Kateregga had petitioned the High Court seeking revision of the lower court’s proceedings and a stay of the criminal trial, arguing that the prosecution amounted to an abuse of court process.
Dr Ntwatwa, Kateregga and local council leader Wasswa Ntoogo are jointly charged with offences including forgery and uttering false documents.
The High Court’s decision clears the way for the case to resume on Wednesday, July 15, 2026, when the Buganda Road Chief Magistrate’s Court is expected to issue further directions after the accused persons closed their defence.
Prosecution’s Case
According to the prosecution, Dr Ntwatwa, Kateregga, Ntoogo and others still at large allegedly gave false information to Detective Corporal Lubowa at Wandegeya Police Station in 2019, claiming they were the rightful owners of a kibanja opposite the Government Analytical Laboratory (GAL) at Mulago Roundabout.
Prosecutors allege the false claims prompted police to expend time and resources investigating the disputed ownership.
The state further alleges that between 2019 and 2020, the accused conspired to defraud Walugembe of the kibanja on Haji Kasule Road by falsely claiming they had purchased it from Bulasio Bwisi in the early 1990s.
The prosecution also alleges that on September 17, 2020, the accused knowingly presented allegedly false busuulu (ground rent) receipts at Wandegeya Police Station, claiming they had been issued by the family of Ashe Sendawula Mukasa.
The accused deny the charges.
Background
The criminal case stems from a long-running dispute over ownership of land in Katanga Valley.
In 2015, the High Court ruled that four family members—Jonathan Yosamu Masembe, Bulasio Buyisi, George Kalimu and Samalie Nambogga—and their licensees were bona fide occupants whose rights were protected under Uganda’s land laws.
The four had challenged Makerere University and the Commissioner for Land Registration over the cancellation of their land titles and the university’s claim to ownership of the disputed land.
