Ham Kiggundu requests for arrest of key ruling in case against Diamond Trust Bank
Hamis Enterprises has filed an application for the arrest of scheduled Judgment on request for fair hearing of his application for judgment on admission by Diamond Trust Bank as provided by the Constitution of Uganda.
Businessman Hamis Kiggundu alongside his two companies, Ham Enterprises (U) Ltd and Kiggs International (U) Ltd, filed an application in the Supreme Court versus Diamond Trust Bank (U) Uganda and Diamond Trust Bank Kenya (K) Ltd demanding an immediate arrest of an upcoming ruling on Tuessday.
Kiggundu in the application is requesting a hearing including adducing additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect of the disputed credit transactions between the “Applicant and the 2nd Respondent, the subject of this Appeal.
To achieve this, Kiggundu has to first go past Justice Elizabeth Musoke who during a pre-hearing said is under instruction by the Chief Justice not to entertain an application Hamis Kiggundu led application until the ruling is announced. The ruling which Kiggundu says has been influenced by bias is set to be released on Tuesday 13th June 2023 at 10 am.
The delivery of this ruling, Kiggundu’s application says is contrary to article 28 of the constitution which provides for the right to a fair, speedy and public hearing to all Ugandans by an independent and impartial court or tribunal established by law.
Kiggundu says this is equally contrary to article 44(c) of the constitution provides that notwithstanding anything in the Constitution, there shall be no derogation from the enjoyment of the right to a fair hearing. So every Ugandan has the right to be heard.
Ham Ent through its lawyers instantly filed an application for the arrest of the scheduled judgment as it arose out of bias and perhaps the honourable court could not determine the main appeal before hearing and determining a miscellaneous application for judgment based on the bank’s admission to committing illegalities both in the high court and the Supreme Court.
The court battle between Kiggundu and the Diamond Trust Bank took a turn when one of the lawyers of the commercial bank Kiryowa Kiwanuka was made the attorney general. Kiggundu has publicly said that Kiwanuka is using his office as the AG to influence the result of the case.
Kiggundu is also uncomfortable that the other lawyer of the Diamond Trust Bank Edwin Karugire is a son-in-law of President Yoweri Museveni and wields a lot of power which influences how the courts of law can decide the case. Kiwanuka and Karugire, apart from being partners at their law firm, are also best of buddies.
During the pre-hearing, Kiggundu publically in and outside the courtroom protested the fact that Karugire is still on the case. He even alleged that both Karugire and Kiwanuka are witch-hunting and should be held liable should he lose his life.
