The High Court in Kampala has halted criminal charges against lawyer Felix Kintu Nteza who is accused of obtaining Shs195m by false pretense in regard to a challenged land sale in Wakiso District.
Kintu was charged before Buganda Road Chief Magistrates Court in a case arising out of a 2013 disputed land transaction between the beneficiaries of the estate of the late George Kamya and Interlink Education Services Limited.
Justice Isaac Muwata of the High Court stayed the criminal proceedings against Kintu reasoning that since there is already a pending civil case filed in 2014 against vendors and their lawyer, Kintu based on the same facts.
The court described the criminal case before the Magistrates Court as an abuse of the court process saying that the decision in the pending civil dispute would be sufficient to tell who the seller was and who is supposed to refund the said Shs 195m
"To avoid conflicting decisions in the High Court and the lower court, it is proper to stay the criminal proceedings," Justice Muwatta ruled adding that the stay would enable the court to hear and determine civil matters which were filed in 2014.
Justice Muwatta further held that if allowed, the case in the lower court would prejudice Kintu, who was the lawyer for the vendors in the disputed land transaction.
According to court, in 2014, Interlink Education Services sued 13 beneficiaries of the estate of late Kamya and Kintu in the High Court accusing them of breach of sales agreement required the vendors to provide a land title and remove squatters from the disputed 15 acre land on block 220, plot 64 at Gimbo in Wakiso District.
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The High Court decision arose out of a land transaction between the beneficiaries of the Late Kamya's estate and Interlink Education Services who is accusing the lawyer of obtaining Shs 195m by falsely pretending to sell land whereas not.
Court documents show that the directors of Interlink filed a criminal complaint against the seasoned lawyer after he declined to compel his clients led Abdul Sewaya to refund their money.
In an interview, Kintu told journalists that the decision was a welcome remark because the case against him did not have legal basis and hence frivolous.
"I have been challenging that case because it was frivolous and only aimed at tarnishing me for reasons I do not know. This court ruling effectively terminates the charges against me," he said.
