Ham petitions CJ Dollo over shs120bn case with DTB

Businessman Hamis Kiggundu has written to the Chief Justice Alphonse Owiny Dollo reporting the refusal by the Supreme Court’s registrar to fix a date for hearing of an application in which he seeks judgment in his shs120 billion case.

Kiggundu last month filed an application to the Supreme Court  asking for a judgment on what he contends Diamond Trust Bank (DTB) admitted to conducting business in Uganda without a licence which he says is against the provisions of the Financial Institutions Act.

He consequently wrote to the court’s assistant registrar, Didas Muhumuza seeking for a hearing date for his application but the registrar said the application didn’t raise any new grounds and that it would be taken care of in the final judgment.

However, in his latest petition to the Chief Justice, the businessman says the registrar has exhibited bias by putting his personal views in such a matter of great importance.

“Cognisant of the fact that applications to the court are not determined by views of the registrars, we request that our client’s application be forwarded to the justices of the court for necessary action,”Kiggundu’s lawyers say.

“Except for bias, there is no apparent reason why our client is denied a chance to be heard.”

Judgement

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.

In the  latest application whose judgment he is requesting for, Hamis Kiggundu argues 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.”