Businessman Mr. Hamis Kiggundu commonly referred to as Ham has applied to the Supreme Court asking for a judgment on what he contends Diamond Trust Bank (DTB) admitted on appeal in the 120b case. Ham and his companies Ham Enterprises and Kiggs International Uganda sued DTB Uganda and DTB Kenya for breach of contract in a multibillion loan.
Ham claimed that between February 2011 and September 2016, his two companies acquired loans from the two sister banks and deposited commercial properties as security.
He said along the way the banks did not remit the full amount but deducted it from his accounts in purported repayment.
Ham has now filed an application stating that DTB had concurred with him that the Court of Appeal (COA) justices; Richard Buteera, Christopher Madrama, and Keneth Kakuma, did not address the issues of illegality in conducting financial institutions business in Uganda contrary to the provisions of the financial act.
Ham also wrote in his application that the justices “abandoned the grounds of appeal and irregularly introduced new grounds of appeal that were not implicitly set out in the memorandum of appeal. He says the Justice of Appeal erred in law and fact in finding that DTB was not heard on the question of illegality in their joint statement of defense that was struck out to make the judgment in his favor.
The businessman emphasizes in his application that DTB conceded to the same issues raised in their submissions filed to the Supreme Court on November 5.
Ham filed his application before five Supreme Court Justices, including the Chief Justice,
Alfonse-Owiny Dollo, Rubby Opio Aweri, Faith Mwondh, Percy Tuhaise, and Mike Chibita.
Lawyers representing DTB; Edwin Karugire and Usama Sebuffu, protested the application arguing that it had not been signed by the Supreme Court registrar.
Last year, the Commercial Court ruled that DTB Uganda through DTB Kenya had extended credit to Ham and his two companies Ham Enterprise Limited and Kiggs International (U)
Limited without a license to transact in Uganda. In his case, Ham said that between February 2011 and August 2018, he was offered credit facilities by the banks to develop commercial properties in Uganda. But as he continued servicing them, he learnt that the banks were taking out money from his accounts. The high court then stopped DTB from taking out money from Ham’s accounts, refund about 120 billion Shillings that DTB had already taken out, and release all the businessman’s securities. DTB successfully secured a stay of execution of the judgment orders in November, and also appealed the judgment.