COURTROOM DRAMA: Peace Bagorogoza Backs Retired Captain Accused of Grabbing James Garuga’s Nakaseke Land

KAMPALA — Proceedings at Buganda Road Chief Magistrates Court took an unexpected turn after Peace Kesiime Bagorogoza and other son of the late businessman Dr James Musinguzi Garuga’s family appeared as sureties for a retired army officer accused of fraudulently transferring the deceased businessman’s land.

The courtroom was filled with murmurs and confusion as Bagorogoza, the widow of the late businessman, joined the group seeking bail for retired Captain Charles Byaruhanga, a former driver and employee of Garuga who is accused of illegally transferring approximately 849 hectares of land belonging to Incafex Limited, a company owned by the late businessman.

Byaruhanga, 65, appeared before Chief Magistrate Ritah Kidasa on Thursday and denied charges of fraudulent transfer of title and conspiracy to defraud the company.The disputed property is located in Ngoma, Bulemezi, Nakaseke District, and is registered under Block 1004, Plot 2, Freehold Register Volume LUW 38, Folio 3.

Prosecutors, led by Chief State Attorney Joan Keko and Senior State Attorney Grace Amy allege that Byaruhanga acted alongside advocate Agaba Maguru, 66 and cattle keeper Henry Hapa Nganwa, 74 to prepare a sale agreement and transfer documents for the property without the authorisation of Incafex Limited or its subsidiary, Garuga Properties Limited.

According to the prosecution, the alleged offences occurred in Kampala on July 16, 2025, without a valid company board resolution and in violation of a Supreme Court injunction issued on November 17, 2023.

The courtroom atmosphere became tense when Byaruhanga’s defence team presented five sureties during the bail hearing.Those presented included his wife, former Member of Parliament Elijah Okupa, a real estate dealer, Peace Kesiime Bagorogoza and Johnny Nobert Musinguzi another son of the late Garuga.

Their appearance as sureties raised questions among some people in court given that Byaruhanga is accused of fraudulently transferring land belonging to a company linked to the late businessman whose estate the family members are associated with.

Visit UHRC Sponsored The case has attracted attention because of the relationship between the accused and the late businessman as well as the involvement of members of Garuga’s family in securing his release on bail.

During the bail application, Byaruhanga’s lawyers argued that their client was elderly and suffering from health complications that could not adequately be managed while he remained in prison.

The defence submitted a medical report from Luzira Prison in support of its argument that Byaruhanga required specialised treatment outside the prison facility.

However, the prosecution opposed his release, arguing that the seriousness of the alleged offences, the size and value of the disputed property and the fact that Byaruhanga still occupies the land could create a risk of interference with prosecution witnesses.

In her ruling, Chief Magistrate Kidasa acknowledged the prosecution’s concerns about the value of the disputed land but also considered Byaruhanga’s age, fixed place of residence and medical condition.

The magistrate noted that a prison medical report had recommended that he receive treatment outside the prison facility.She subsequently granted Byaruhanga bail on a cash payment of Shs3 million and imposed several conditions intended to protect the court process and the disputed property.He was ordered to surrender his passport and the original title deed for another property registered in his name.

Byaruhanga was also barred from travelling outside Uganda without permission from court.In addition, he was prohibited from selling, transferring, mortgaging or otherwise dealing with the disputed 849 hectares until the case is concluded.

The court directed him to attend every scheduled hearing and warned him against contacting prosecution witnesses, either personally or through intermediaries.

Kidasa cautioned that any breach of the bail conditions could result in cancellation of bail and forfeiture of the cash and sureties’ bonds.Each of the five sureties was required to execute a non-cash bond of Shs50 million.The matter was adjourned to November 4, 2026, when Byaruhanga is expected to return to court alongside Maguru and Nganwa.

The prosecution has also outlined separate cases relating to the preparation and circulation of purported company resolutions between August 25 and 30, 2025.

Byaruhanga and other individuals are accused of creating or circulating documents appointing Maguru as a director of Garuga Properties Limited, Kinkizi Development Company Limited and Incafex Limited.

They are further accused of falsifying company forms to indicate that Dr Garuga and the late Professor Emmanuel Mutebile Tumusiime remained directors of Incafex after their deaths.According to the prosecution, the scheme was intended to deceive and defraud Matthew Rukikaire, a member and shareholder of Garuga Properties Limited.

Maguru and Nganwa did not appear in court during the proceedings. The magistrate consequently extended criminal summonses requiring them to appear on November 4, 2026 to answer the charges.

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