City Tycoon Hamis Kiggundu Tasks Supreme Court To Implement Hight Court Ruling That Awarded Him UGX120B Fraudulently Deducted By DTB Bank
By Uganda Online Media
City Tycoon Hamis Kiggundu aka Ham has tasked the supreme court to implement the high court judgement that awarded him UGX 120 billion from Diamond Trust Bank (DTB) noting that the entity admitted fault.
The newly constituted supreme court panel is set to hear an application by Ham seeking to overturn the court of appeal judgement on the admissibility of evidence on illegality by DTB.
The panel led by Chief Justice Alfonse Owiny-Dollo among other judges including Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota was selected to decide the case adopting and case court records including the November 11, 2021, Ham’s application for Judgment on admission by DTB and its Lawyers K&K advocates.
As a result, the supreme court has told both parties that they will be notified of the date a verdict on an appeal against the court of appeal decision will be delivered.
It is worth noting that the court of appeal nullified orders of the commercial court that directed DTB Uganda and DTB Kenya to pay Ham UGX 120 Billion which according to Ham was illegally deducted from his two accounts for Ham Enterprises Limited and KIGGS International Uganda Limited without his consent.
”We shall adopt the written submissions filed by the parties as requested and the supplementary submissions and highlights made by the parties on November 12, 202. Judgement will be on notice” Chief Justice Owiny Dollo said last Friday.
However, before the judgement on the main appeal is delivered, the court will hear an application on which Ham seeks judgment on admission to be entered against DTB Uganda and DTB Kenya.
Background of the Case.
The genesis of the saga began in March 2020, when businessman Hamis Kiggundu through his lawyers Fred Muwema of Muwema and Co Advocates filed a suit against DTB for unlawful debit of monies in excess of UGX 120 Billion from his accounts.
The bank unlawfully and deceitfully withdrew these amounts over a spread period of 10 years in excess of all the companies liabilities to the bank on top of which Kirwowa Kiwanuka admitted on court records in September 2020, that DTB Kenya did not have a license permitting it to conduct banking business in Uganda and neither did DTB Uganda have the authority to conduct agency business on behalf of DTB Kenya thereby contravening sections; 4 (1) and 117 of the Financial Institutions Act and the banking regulations.
On October 7, 2020, a judgment was entered in favour of Ham Enterprises (U) Limited at the high court by Hon Justice Henry Peter Adonyo.
Following the development, Edwin Karugire and Kilyowa Kiwanuka(K&K advocates) using their political influence resultantly demoted and transferred the said judge immediately from the head of the High Court, Commercial Division to Soroti.
Now that the public has witnessed K&K advocates controlling judges and influencing judgements in their favour in so many cases, victimizing and subjecting Ugandans to unfair and unjust political waves that always frustrate justice using political positions undermining the legal procedures with total absolute impunity, can they Successfully, Politically bulldoze the Supreme Court, or the law shall prevail?
Diamond Trust Bank admitted on court records by their submissions that they committed illegalities where they emphasized that; “The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgment was rightfully entered at the high court specifically stating that: “The learned Justices were entitled to first deal with the grounds regarding the procedure adopted by the trial Judge in striking out the defendants’ pleadings and granting the impugned orders before dealing with the other grounds.”
It was within these admissions in the bank’s submissions that they clearly stated that the appellant Judges never addressed the circumstances under which the Bank never sought the permission of the Bank of Uganda to carry out its business in Uganda as required hence violating sections; 4 (1) and 117 of the Financial Institutions Act.
Ham’s grounds of appeal at the Supreme Court is that the justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled at High Court since DTB admits the same, Ham made an application for judgment on admission on the 23rd November 2021.
Till today, Ham Enterprises (u) Limited awaits judgment on court admission while DTB is stuck with the illegality as admitted both on court records from the high court and the admissions on the court record in their submissions at the supreme court.
