By Frank Kamuntu
City tycoon Hajji Hamis Kiggundu has applied for the arrest of scheduled DTB Bank judgment on a request for a fair hearing, Swift Daily News reports exclusively.
To give you a brief background, last week Ham with his lawyers were summoned by the Supreme Court for pre-hearing of the application for judgment on the admission of illegalities not substantially addressed by the court of appeal.
During the court session, contrary to normal court procedure, Hon. Justice Elizabeth Musoke shocked Mr. Hamis by saying that the Chief Justice instructed her not to entertain the application but rather inform the applicants that delivery of judgment in the main appeal is on June 13, 2023, which is contrary to article 28 of the constitution which provides for the right to a fair, speedy and public hearing to all Ugandans by an independent and impartial court or tribunal established by law and equally contrary to article 44 (c) of the constitution which provides that notwithstanding anything in the Constitution, there shall be no derogation from enjoyment of the right to a fair hearing. So every Ugandan has the right to be heard.
The above compelled Ham through his lawyers to instantly file an application for the arrest of the scheduled judgment as it arose out of bias and perhaps the honorable court could not determine the main appeal before hearing and determining a miscellaneous application for judgment based on the bank’s admission to committing illegalities both in the high court and the supreme appeal.
In the application for the arrest of Judgement, Ham says, ”Civil Application No 051/2021 Ham Enterprises Ltd & 2 Ors vs “Diamond Trust Bank (U) Ltd & Diamond Trust Bank (K) Ltd which was filed by the applicants seeking orders for judgment on admission, be heard and finally determined by the court.”
Ham further says, ”The applicants be granted leave to adduce additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect of the disputed credit transactions between the “Applicant and the 2nd Respondent, the subject of this Appeal.”
He now wants the Court to arrest its Judgment pending the hearing and determination of Civil Application No 051 /2021 and the application for leave to adduce additional evidence.
The applicants filed a memorandum of appeal in Supreme Court Civil Appeal No 13/2021 saying the learned Justices of Appeal erred in law when they avoided to adjudicating the substantial question of illegality which was the basis of the Respondent’s Appeal before them.
Find more in the Application below:
Background Of This Battle
The pending judgment in the Supreme Court stems from a series of legal proceedings initiated by Ham against Diamond Trust Bank (DTB) Uganda and DTB Kenya. The case originated from a syndicated banking agreement between Ham Enterprises Ltd and Kiggs International Ltd, and the two banks.
In October 2020, Commercial Court Judge Henry Peter Adonyo ruled in favor of Kiggundu, ordering DTB Uganda to refund all funds deducted from his accounts. It was alleged that these deductions were made without Kiggundu’s consent. Records presented to the court revealed that Kiggundu had obtained loans totaling over Shillings 120 billion from DTB Uganda and DTB Kenya between 2011 and 2016 to finance his real estate business.
The dispute arose when the banks claimed that Kiggundu had failed to fulfill his loan obligations, amounting to Shillings 39 billion, as per the agreed terms. They threatened to seize the mortgaged properties. Kiggundu petitioned the commercial court, arguing that the withdrawn funds exceeded the outstanding loan amount, as he had already made full repayment.
Represented by Fred Muwema, Kiggundu sought to strike out the banks’ defenses and obtain an order for the refund of unlawfully obtained funds. Justice Adonyo dismissed the banks’ defense and directed them to refund the money, along with an 8% interest rate and the costs of the suit.
Displeased with the decision, the banks sought relief from the Principal Judge, Dr. Flavian Zeija, who granted an order to stay the execution of Adonyo’s orders. This prevented Kiggundu from recovering the funds. Subsequently, the banks appealed to the Court of Appeal. In a subsequent ruling, the Court of Appeal overturned Judge Adonyo’s order and ordered a retrial before a different judge. Dissatisfied with this decision, Kiggundu lodged an appeal with the Supreme Court.
The pending judgment in the Supreme Court will ultimately determine the outcome of Kiggundu’s appeal and the resolution of the ongoing legal battle between Kiggundu and DTB Uganda and DTB Kenya.
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