BY NELLY OTTO
LIKE English poet William Blake once said, thus “…It’s easier to forgive an enemy than to forgive a friend, the once very close friends who are serving as clerics in Busoga are embroiled in a bitter disagreement that has become a subject of court scrutiny.
What started as a friendly gesture between Bishop Daniel Muwanga of Rock Base Church to extend financial and material support to his ‘brother in the Lord’ Ven Rev Charles Irongo the archdeacon of Kyando Archdeaconry in Mayuge under Busoga Diocese has now degenerated into name calling.
“…take notice that Bishop Daniel Muwanga the respondent named above being dissatisfied with the entire judgment of the court presided over by Her Lordship Dr Hon Nabisinde Winifred, judge of the High Court of Uganda delivered at Jinja on the 24 day of October, 2023 intends to appeal to the Court of Appeal of Uganda Holden at Kampala against the whole said decision…” reads in part the Notice of Appeal.
The Notice dated 30 October,2023 was drawn and filed by Kampala city lawyer Deric Isabirye of M/s Deric Advocates and Solicitors law firm, and arose from the Criminal Appeal no 28 of 2021 which also arose from Jinja Criminal Case 312 of 2020.
Background
According to documents available, Rev Irongo dragged Muwanga to the court on two counts of forgery (civil suit and uttering false document) where the Jinja Grade1 Magistrate Happy Ann Kyomuhangi acquitted Muwanga.
Not satisfied, Rev Irongo appealed to the High Court which overturned and convicted Muwanga of both counts.
Muwanga was to either spend two years in the coolers or pay a fine of 2,000,000/=, and he chose the latter.
Rev Irongo accuses Muwanga of allegedly forging his signature to transfer the land title to his name with the intention of grabbing his 3.5acres of land at Kyamagwa Cell, Mafubira Ward in Northern Division in Jinja City.
Credible sources say Muwanga extended support including educating some children up to university levels to the family of Irongo as well as building a 120M/= house for his fellow man of God.
When Irongo was financially challenged, an agreement was reached involving one of the Jinja based lawyers Stephen Muzusa to carve part of the land in question as compensation for the building which the Irongo family now lives in.
However, Irongo dismisses the claims saying Muwanga simply wanted to take advantage of his situation to grab his land. He also claims that Muwanga who used to be a member of the Anglican faith in Busoga Diocese was already looking for a buyer.
In his affidavit Irongo states that Bishop Muwanga was his business partner in dealing with nursery beds to supply seedlings to the government-funded National Agricultural Advisory Services (NAADS).
NAADS is one of the statutory semi-autonomous bodies in the Ministry of Agriculture, Animal Industry and Fisheries established in 2001 by an Act of Parliament to specifically facilitate efficient and effective delivery of agricultural advisory services for enhanced production and productivity.
Rev Irongo says the project collapsed after losing market and the two again ventured into rearing at least 100 cattle to begin with, which requires additional funding through a bank loan.
He says it was at this time that Bishop Muwanga asked him to deposit his land title to the unnamed bank as a collateral in order to obtain the money to fund their new project.
“…however, to my surprise on 23/11/2016, I got to know that the respondent (Muwanga) had fraudulently and illegally transferred my title into his name without my consent or knowledge…,”reads the affidavit.
Muwanga’s conviction followed a report by a Kibuli based handwriting expert who told court that the signature on the certificate of title was different from the genuine one used by Irongo.
This prompted Rev Irongo to rush to the Jinja Court where he filed a criminal case against Bishop Muwanga who was acquitted of both counts of forgery which is contrary to Section 345 and uttering a false document contrary to section 351 of the Penal Code Act.
“…I find that prosecution failed to produce evidence strong enough to implicate the accused (Muwanga), and I accordingly acquit him on both accounts…”, reads the ruling by the trial magistrate Anne Happy Kyomuhangi, the then Grade One Magistrate.
The magistrate based her acquittal on the witnesses that were present during the signing of the document and the confession by Rev Irongo that he signed under a mistaken identity because he was deceived.
This appears to be a contradiction to the opinion of the handwriting expert report who stated that the signature was not for Irongo. While the High Court judge based her conviction, after an appeal more on the expert report of the handwriting expert.
The ruling did not satisfy Rev Irongo who immediately appealed to the High Court in Jinja where the Resident Judge Lady Justice Dr Winnifred Nabisinde has now ruled in his favour, triggering another appeal by Bishop Muwanga.
When approached for a comment over this article, Muwanga who said he had just returned from a weeklong conference in neighbouring Tanzania declined to comment.
“…we don’t discuss matters that are before the courts of law my brother, as a journalist you should know that it tantamount to contempt of court, so kindly allow the judiciary to handle…”, Muwanga said in a brief phone interview before hanging up.
While Christians are always encouraged to seek reconciliation and forgiveness, the two senior pastors who hardly miss a day to read or preach to their followers have probably not yet grasped the true meaning and relevance of the scriptural provisions in their individual lives.
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