Businessman Hamis Kiggundu famously known as Ham has applied to the Supreme Court requesting for a fair judgement after Diamond Trust Bank (DTB) admitted that it committed illegalities when it withdrew over Shs120 billion from the former’s bank accounts without his consent and knowledge.
Ham through his company Ham Enterprises (U) Limited accuses DTB of debiting his accounts without his knowledge. On 17th Jan 2020, he filed a suit at the commercial court for recovery of the excessive money unlawfully debited from his company’s accounts, equally bringing the acts of illegalities committed by the DTB to the court’s attention.
Ham won the case and the court directed the bank to return Ham Enteprises’ mortgaged property after cancelling the loan mortgages.
“I do declare that the appointment of the 1st defendant (DTB Uganda) by the 2nd defendant (DTB Kenya) as agent bank and security agent in respect of the 2nd defendant’s (DTB Kenya) loan was illegal, unethical, unlawful, in breach of trust, in breach of fiduciary duty and in breach of the Financial Institutions Act 2004 as well the Bank of Uganda Consumer Protection Guidelines 2011 and the Kenyan Banking Act,”Court ruled.
However, on 20th October 2020, DTB appealed against the judgement of the commercial court on grounds that there was no illegality committed contrary to the Financial Institution Act. On 5th May 2021 a panel of three Honorable Judges headed by Justice Richard Butera, Justice Kenneth Kakuru and Justice Christopher Madrama ruled in favour of the Diamond Trust Bank, setting aside the High Court judgment without addressing the issue of illegality despite it being the substantial ground of appeal as filed by Diamond Trust Bank.
The Court of Appeal concluded by ordering a retrial at the high court while excluding the amended plaint that had raised the point of law of illegality committed by Diamond Trust Bank thereby promoting and shielding the illegalities as committed by the bank contrary to the Financial Institutions Act.
On the 10th June 2021, Ham Enterprises (U) Limited appealed against the court of appeal decision at the supreme court. On 12th November 2021, the Supreme court allowed the bank’s request to highlight submissions on grounds not contained in their memorandum of appeal on a matter not subject of appeal and parties were asked to submit on the same within 13 days.
However, in their submission, DTB admitted that the Court of Appeal failed to address the Substantial point of illegality upon which judgement was rightfully entered at the high court specifically stating in their submissions 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. ”
Following the bank’s admission to illegalities, on 23 November 2021, Ham applied to Supreme Court to deliver a fair judgement.
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