By Michael Kanaabi Dollar
Grit, resilience and not giving up in one’s pursuit of Justice and success in general is a character trait city tycoon Hamis Kiggundu ‘Ham’ has consistently portrayed in his legal battle with his once close banking allies Diamond Trust Bank Uganda Limited and Diamond Trust Bank Kenya Limited since their bitter fall out over the modus operandi of the Bank in regard to his loans and accounts back in 2019.
This battle that has pitted him against some of finest and most seasoned Lawyers in this town Max Advocates representing his adversaries in their earlier legal face off in the High Court Commercial Division with things getting hotter even as the case moved to higher Courts that is the Court of Appeal and Supreme Court of Uganda.
While Kiggundu stuck with his Principal Counsel Fred Muwema of Muwema Advocates and Kimara Advocates supporting as well, his adversaries in this battle switched from a seasoned Corporate law firm in MAKKS Advocates to one of the most powerful Law firms in Uganda at the moment K&K Advocates formerly Kiwanuka and Karugire Advocates.
With DTB Uganda Limited and DTB Kenya Limited now being represented by a firm whose Co-Founding Partner Kiryowa Kiwanuka now on sabbatical as is he is Uganda’s Attorney General and Managing Partner Edwin Karugire who is a son in law to the sitting President of Uganda, not many would dare attempt to get into a legal battle with an entity or entities represented by the later but Hamis Kiggundu and his associated companies Ham Enterprises Limited and Kiggs International Uganda Limited don’t seem to be intimidated as they are not backing down. For them it is either Justice or Justice, they will pursue and seek it to it’s very end.
Going to the Constitutional Court
Having won round one of this now famous legal battle in the High Court of Uganda’s Commercial Division, DTB Uganda and DTB Kenya filed an appeal in the Court of Appeal which they won forcing Hamis Kiggundu to take their legal battle to the Supreme Court for round 3 which he lost as well leaving the scores 2-1 in favour of DTB Uganda and DTB Kenya if we are to borrow football’s scoring terms.
Consequently Kiggundu not contented with what came out of the Supreme Court ruling about 2 months back has decided that the two adversaries go for round 4 in the Constitutional Court.
The Petition filed by M/S Muwema and Company Advocates together with Kimara Advocates and Consultants states 7 solid grounds on which it seeks a number of Declarations and Orders from the Court of Appeal as seen by this Publication.
Whether he turns out victorious or not in round 4 of this now fundamental legal battle that will surely make for good reading among Business Law scholars and students for years to come is a story for another day.
But one thing for sure is Kiggundu has put up a fight not many expected. His ‘lion heart’ bravery and determination when fighting for his interests and business empire legally and outside the courts of law is something all interested in making big moves in business, outside business and fighting for what they are convinced surely belongs to them in life should pick a leaf from!
Email: michaelkanaabi@gmail.com
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