UGANDA, Kampala | Real Muloodi News | In a recent development of the Ham Enterprise versus Diamond Trust Bank (DTB) fraud case, city tycoon Hamis Kiggundu, also known as Ham, has sought the arrest of the scheduled judgment.
Ham’s dissatisfaction stems from alleged bias and a violation of his constitutional rights. The Supreme Court had summoned both Ham and DTB for the pre-hearing of the application for judgment on the admission of illegalities not fully addressed by the Court of Appeal.
However, Ham claims that the Chief Justice instructed the court not to entertain the application and informed the applicants that the judgment in the main appeal is set for June 13, 2023.
Ham, represented by his lawyer Fred Muwema of Muwema and Co Advocates, argues that this move contradicts Article 28 of the Ugandan Constitution, which guarantees the right to a fair, speedy, and public hearing by an independent and impartial court or tribunal.
He also cites Article 44(c), which states that the right to a fair hearing cannot be derogated. Ham believes that the court should have first addressed the miscellaneous application for judgment based on the bank’s admission to committing illegalities before deciding the main appeal.
Ham’s Assertion
In his application, Ham asserts several points. Firstly, he requests that Civil Application No 051/2021, filed by the applicants seeking judgment on admission, be heard and determined by the court.
Secondly, he seeks to leave to present additional evidence from the Central Bank of Kenya to support the allegations of illegal conduct by DTB in the disputed credit transactions.
He asks the court to suspend the scheduled judgment in Supreme Court Civil Appeal No 13/2021 until the hearing and determination of Civil Application No 051/2021 and the application for additional evidence.
He requests that the court issue any necessary orders to ensure justice is served and that the costs of the application are covered.
Ham outlines the grounds supporting his application, which were detailed in his supporting affidavit and an affidavit by Edwin Lubanga.
These grounds include the alleged errors made by the Justices of Appeal, such as avoiding adjudicating the question of illegality raised by the respondents, introducing new grounds of appeal not stated in the memorandum, and not evaluating the evidence before the trial court.
Ham argues that the appeal should not have resulted in a retrial since the question of illegality had already been heard and determined. He also believes that awarding costs to the respondents despite their illegality is a mistake.
Ham highlights the procedural delays experienced in his case. Despite requesting multiple times to be heard, the court did not list the application for hearing until April 28, 2023. Even then, the court only invited the applicants for a session to reconstitute the panel.
Ham’s lawyers requested a hearing for Civil Application No 051/2021, but the court advised that the hearing would be communicated later.
Furthermore, the court introduced a new panel to hear the judgment of Civil Appeal No 13/2021 after the passing of Hon. Justice Apio Aweri.
Subsequently, the court’s pre-hearing conference for Civil Application No 051/2021 on June 8, 2023, was abruptly cancelled, and the judgment date was set.
Ham contends that the Applicants recently discovered that the Central Bank of Kenya did not grant the required approval to DTB for the disputed credit transaction. This information was not available during the filing and hearing of the appeal.
He also argues that this evidence is relevant to the question of the respondents’ illegal conduct in cross-border financial institution business, making it crucial for the court to admit it.
Ham also emphasises the urgency of his application, considering the impending judgment in Civil Appeal No 13/2021.
He believes that denying him the opportunity to be heard in this complex commercial dispute violates his right to access the highest court in Uganda, where decisions are final and binding.
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