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