Kabarole Lands Officers accused of Giving Court Forge Documents

A family is accusing two Kabarole District Lands officers of giving court false documents.

The accused officers are; Peter Alinda the Land Management Officer and Cypriano Rwaheeru, as Chairperson Kabarole District Land Board. URN has learnt that Rwaheeru ceased to be the chairperson Land Board. 

Alinda and Rwaheeru were in February 2021 charged in the Fort Portal Chief Magistrates’ Court on counts of forgery and uttering false documents.

It is alleged that the duo between February 2016 and October 2019 while at Fort Portal in Kabarole district forged minutes of Kabarole district Land Board Meeting KDLB MIN 06/02/2016 held on February 9 2016.

It is further alleged that these forgeries were used by Beatrice Nyindombi to cause a transfer form for land comprised in lease register of volume 1222 folio 06, plot 107 block 45 at Harugongo in  Kabarole district.

Nyindombi is battling a land dispute case with Hussein Juma in the Civil Division of the Fort Portal High Court.

Hussein alleges that Nyindombi forged a land tittle to read FRV HQT 838 Folio 21 Block 45 Plot 7 instead of the correct title registered as LVR 1222 Folio 6 plot 7 Harugongo Burahya Block 45.  

  According to a letter dated January 16 to the Deputy Register Court of Appeal in charge of criminal matters, the children of the late Hussein Juma are accusing Alinda and Rwaheeru of giving court false documents.

The family members say that the duo lodged an appeal in the Court of Appeal on the basis that they had been convicted of forgery and uttering false documents by the lower court and the appeal they made is against orders of trial because the two were not convicted as stated.

The two officers together with their co accused Beatrice Nyindombi on January 12 lodged a notice of appeal in the Court of Appeal against the decision of Justice Vincent Wagona of the Fort Portal High Court indicating that they had been convicted of the offense of forgery and uttering false documents.  

“They were convicted of the offenses of forgery and uttering false documents, the appeal is against the dismissal and orders for trial” said Alex Mushabe Karocho the Deputy Registrar, Court of Appeal.     

The January 11 ruling of Justice Wagoma resulted from an appeal by the accused in the High Court of Fort Portal challenging the ruling of Moses Kule Lubangula the then Fort Portal Chief Magistrate to effect that the criminal case against the accused be stayed pending hearing and disposal which the Chief Magistrate dismissed.

The accused had written to the Chief Magistrates’ Court requesting that the criminal proceedings against them be stayed as there was a pending civil suit which existed between Hussein Juma and one of the accused persons (Nyindombi) in the High Court. 

However, in his October 26 2021 ruling, the Chief Magistrate objected to their request and ordered that the criminal charges against the three accused persons would proceed concurrently with the civil suit hearing between Hussein and Nyindombi.

The High Court also dismissed the appeal and Justice Wagona directed the Assistant Registrar to immediately transmit the file back to the trial court for further hearing.

Dissatisfied with both the Chief Magistrates and High Court’s rulings, the appellants proceeded to the Court of Appeal on January 12, what the family claims that the appellants gave false information in the appeal that they had been convicted by the lower court aware that appeals arise from conviction, acquittal, or against a sentence but they had none of these grounds.  

The family is now asking the Court of Appeal to return the files of the lower court to Fort Portal so that the court can continue with the proceedings as the High Court had directed.

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