Exposing The Invisible Hand: City Tycoon Hamis Kiggundu Storms Out Of Supreme Court Over Unfair Treatment, Impunity During HAM Vs DTB Case
Kampala businessman Hamis Kiggundu aka Ham on Thursday stormed out of the Supreme Court premises in protest, accusing the judge of not allowing him to file another application in his suit against Diamond Trust Bank (DTB).
Chaos started after Kiggundu and his lawyers led by Mr Fred Muwema, were told during a pretrial hearing before Justice Elizabeth Musoke that the judgement in the case in which Ham seeks to recover Shs 120 billion from DTB Uganda and Kenya would be ready on June 13, 2023.
The court rejected the request for a pre-hearing, a decision that has been met with frustration and allegations of unfairness by Ham and his lawyer, Fred Muwema noting that this decision hinders their ability to present crucial evidence and makes them question the integrity of the court proceedings further insisting that he still had an application to file.
Muwema argued in the application that DTB had introduced new grounds during the appeal process, and they sought judgment on the admission that DTB operated without a required license, resulting in the fraudulent withdrawal of funds from their client’s bank accounts.
But DTB lawyers led by Edwin Karugire, contended that a panel, consisting of Chief Justice Alfonse Owiny-Dollo, Faith Mwondha, Percy Night Tuhaise, Mike Chibita, and the late Opio Aweri, had reviewed the case.
Karugire further mentioned that a new panel, including Justice Musota, was formed after Aweri’s death and that Kiggundu’s lawyers had nothing additional to contribute during the submission process.
In response, however, Muwema said that the hearing was intended for administrative matters and argued that DTB’s submissions revealed admissions of illegal operations without a license and raised new grounds.
He stated that they had written to the court on May 2nd, 2023, demanding a hearing of their application and entry of judgment on admission, but they were informed that they would only be entertained regarding the new panel.
The Supreme Court Registrar had assured them of a new hearing date for their specific application, but their attempts to follow up had been unsuccessful.
HAM Vs DTB Case has captured the nation’s attention and put the judiciary to the test on whether they can deliver justice in the interest of Ugandans or otherwise.
Ham accuses DTB of fraudulently deducting over UGX 120 billion from Ham Enterprises’ accounts without the knowledge or consent of Mr Kiggundu.
Claims of Unfair Treatment and Protectionism
Ham and his legal team have expressed concerns about what they perceive as unfair treatment and favouritism toward DTB and its foreign representatives, K&K Advocates. K&K Advocates is a law firm associated with powerful individuals, including Karugire and Kiryowa Kiwanuka, the latter of whom also serves as the Attorney General. This alleged conflict of interest raises suspicions that the law firm’s influence extends beyond the courtroom, potentially compromising the impartiality of the proceedings.
The Invisible Hand Above the Law
According to Kiggundu and Muwema, the actions of the court suggest the existence of an invisible hand manipulating the legal process, with connections reaching higher than the court itself. This claim implies that influential forces may be working behind the scenes to protect DTB and its representatives. Such allegations highlight the need for transparency, accountability, and an independent judiciary to ensure justice is served.
Implications and Public Concerns
The Ham Enterprises vs. Diamond Trust Bank case has far-reaching implications beyond the parties involved. It raises questions about the integrity of the financial sector, the vulnerability of businesses to fraudulent practices, and the effectiveness of the justice system in safeguarding the rights of individuals and entities. The outcome of this case will undoubtedly shape public confidence in the judiciary and the banking industry.
Conclusion:
As the Supreme Court prepares to deliver its judgment in the case between Ham Enterprises and Diamond Trust Bank, concerns about fairness and potential manipulation persist. Hamis Kiggundu and his legal team, led by Fred Muwema, have criticized the court’s decision to reject a pre-hearing and raised suspicions of an invisible hand within a law firm associated with powerful individuals. The outcome of this case will have significant implications for the pursuit of justice, the banking sector, and the public’s trust in the legal system. It is crucial that transparency and fairness prevail to ensure a just resolution for all parties involved.
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