HAM Vs DTB: Hamis Kiggundu Awaits Judgement In DTB Case, Pins AG Kiryowa Kiwanuka For Compromising The Judiciary

HAM Vs DTB: Hamis Kiggundu Awaits Judgement In DTB Case, Pins AG Kiryowa Kiwanuka For Compromising The Judiciary

City businessman Hamis Kiggundu aka Ham has accused Uganda’s attorney general Kiryowa Kiwanuka and Edwin Karugire of using their political influence to save Diamond Trust Bank (DTB) from the illegalities committed and admitted on Court records.

According to Ham, Kiryowa’s position as attorney general and also a partner in K & K advocates which represents DTB Bank tantamount to a conflict of interest thus frustrating and compromising the independence of the Judiciary.

According to analysts, once politicians and public servants start financially competing with the private business community it compromises social-economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place to carry the nation forward.

While Ham is still waiting for judgement’ the court convened on Friday, May 5 2023 to re-institute a panel of Judges following the demise of Justice Ruby Opio Aweri on December 7, 2022.

A panel composed of Justices: Alfonse Owiny-Dollo, Chief Justice of Uganda, Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota was selected to decide the case adopting the case court records including the November 11, 2021, Ham’s application for Judgment on admission by DTB and its Lawyers K&K advocates.

Case Background.

In March 2020, Ham filed a suit against DTB for recoveries of monies unlawfully debited 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, Karugire and Kilyowa Kiwanuka using their political influence allegedly 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. 

In response to the illegality committed, Ham through his lawyers; Muwema and Co advocates applied for Judgement at the Supreme Court on the 23rd November 2021 on grounds that the justices at the Court of Appeals failed to address the substantial issue of illegality as rightfully entered at High Court, and against DTB’s admission to the same through their submission.

Ham further requested the supreme court to apply for fixation of the date for the hearing of their application for Judgment on the 26th of November 2021.

Ham’s Application

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 court record in their submissions at the supreme court. 

Additional Reporting By Uganda Daily

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