Businessman Hamis Kiggundu has filed an application to the Supreme Court asking for a judgment on what he contends Diamond Trust Bank (DTB) admitted on appeal in the shs120 billion case.
Kiggundu, the proprietor of Ham Enterprises Limited and Kiggs International (U) limited dragged DTB -Uganda, and DTB-Kenya to Commercial Court for allegedly fraudulently siphoning over sh120billion from his accounts without his knowledge and consent which consequently directed that he is refunded the money taken from his account.
The bank however appealed against the judgement of the Commercial court on grounds that there was no illegality committed contrary to the Financial Institution Act and in May this yeara panel of three justices of the Court of Appeal including Richard Butera, Kenneth Kakuru and Christopher Madrama ruled in favor of the Diamond Trust Bank, setting aside the High Court.
The Court of Appeal ordered a retrial of the case by the Commercial Court , prompting the businessman to run to the Supreme Court to appeal against the decision of the Court of Appeal.
However, in his latest application, the businessman says that DTB had concurred with him that the Court of Appeal justices Richard Buteera, Christopher Madrama and Kenneth Kakuma, did not address the issues of illegality in conducting financial institutions business in Uganda contrary the provisions of the financial act.
“On the whole, the thrust of the respondents arguments and submission in this appeal amounts to a clear, unequivocal and positive admission to the grounds I raised in the memorandum of appeal,”Kiggundu says.
The businessman consequently says there is no dispute for the Supreme Court to determine in respect to the admitted grounds whereas the remainder of the appeal ought to be settled in his favour.
“In the circumstances, the admissions entitle the applicants to judgment upon the said admitted grounds and or a settlement of the remainder of the appeal as sought.”