Police in Uganda have arrested businessman Rtd Captain Charles Byaruhanga in connection with the fraudulent sale of land belonging to companies owned by the late Dr James Musinguzi Garuga. The arrest is part of an ongoing investigation into a land transaction involving Block 1004 Plot 2, Freehold Register Volume LUW 38 Folio 3, at Bulemezi-Ngoma in Nakaseke District. Byaruhanga is expected to face charges at Makindye Chief Magistrates’ Court.
According to police, the transaction was executed on July 16, 2025, barely three weeks before Garuga's death on August 6, 2025. The charge sheet indicates that Byaruhanga, along with lawyer Agaba Maguru and businessman Henry Hapa Nganwa, participated in the execution of a sales agreement and transfer documents without a valid board resolution or lawful corporate authority. This allegedly defied a Supreme Court injunction.
The Supreme Court had already become involved in the Incafex dispute, with a 2023 injunction now central to the police case. In Incafex Limited v Rukikaire, Civil Application No. 8 of 2023, decided on November 17, 2023, the Supreme Court considered measures aimed at preserving property pending the implementation of a special audit and consequential orders. The Court recognised its inherent power to preserve property.
The corporate fight took another dramatic turn in July 2026 when the Uganda Registration Services Bureau (URSB) Registrar of Companies ruled against disputed appointments that had placed Maguru in control of the Garuga-linked companies. Assistant Registrar of Companies Daniel Nasasira ordered the expunging of disputed resolutions and Company Form 20 filings appointing Maguru as a director of Garuga Properties Limited, Kinkizi Development Company Limited, and Incafex Limited.
The ruling found that a shareholder had not been properly notified of the extraordinary general meeting at which the disputed appointment was made. The Registrar held that a meeting convened without the required notice was null and that the resulting filings had been wrongfully obtained and were liable to be removed from the Companies Register. This development has significant implications for the control and ownership of Garuga's companies.
The police charges come against the backdrop of a long-running corporate and shareholding battle surrounding Incafex and companies opened by the late Dr James Musinguzi Garuga. Lawyer Agaba Maguru and businessman Henry Hapa Nganwa are also wanted by police over the same investigation. The trio is accused of conspiring to deprive Incafex of the property and making or circulating disputed corporate documents.
The case highlights the complexities of corporate governance and the challenges of resolving disputes over company control and ownership. The outcome of the case will have significant implications for the companies involved and the individuals accused. Key suspects, including Maguru and Nganwa, remain at large, and police are working to apprehend them.
Key points
- Charles Byaruhanga has been arrested in connection with the fraudulent sale of land belonging to companies owned by the late James Garuga.
- The transaction was executed in defiance of a Supreme Court injunction.
- Two other suspects, Agaba Maguru and Henry Hapa Nganwa, are also wanted by police.
