Controversial city businessman Hamis Kiggundu through his lawyers led by Fred Muwema has based on the new evidence secured from Kenya central bank to arrest the Supreme Court judgment involving him and Diamond Trust bank.
On Thursday this week, Supreme Court justice Elizabeth Musoke revealed that Chief Justice Owiny Dollo, who is the head of the panel of five justices informed her that Kiggundu’s judgment is set to be delivered on Wednesday next week.
Kiggundu, the proprietor of Ham Enterprises Uganda Limited and Kiggs International Uganda Limited appealed to the Supreme Court against the Court of Appeal judgment which directed that his matter be referred back to the Commercial Division of the High Court and be heard by a different judge.
Justice Peter Henry Adonyo declared that the actions involving DTB bank Kenya and DTB Uganda to deduct Shs120bn from Kiggundu’s bank accounts were illegal and ordered the bank to pay back the money.
However, DTB bank successfully challenged the ruling at the Court of Appeal.
After the DTB Bank win, Ham also ran to the Supreme Court to challenge the Court of Appeal ruling.
In his appeal at the Supreme Court, Kiggundu accused the Court of Appeal justices led by Deputy Chief Justice Richard Butera of erring in law and fact when they avoided to adjudicate the substantial question of illegality which was the basis of the appeal.
He further accused the justices of having erred in fact and law when they abandoned the grounds of appeal raised by the Respondents by irregularly introducing new grounds of the appeal that were not implicitly set out in the memorandum of appeal and thereby erroneously ordered for retrial.
In his evidence to support his application to arrest Wednesday’s Supreme Court judgment, Kiggundu through his affidavit told court that he has discovered overwhelming evidence which is supporting his early application seeking to strike out the entire defense of the bank on the grounds of admitting that there was illegality when the said transaction was done.
“I recently discovered through Edwin Lubanga, that the supreme court of Kenya did not grant the requisite approval under the law for the 2nd Respondent to enter into the disputed credit transaction which is the subject of the appeal.
That the above information or evidence was not known or available to the applicants by the time of filling and hearing of the Civil appeal No 13/2021 as obtained from the said Edwin Lubanga on 8th of June 2023,” Kiggundu stated.
He insisted that the said evidence is very relevant to the substantial question of the illegal conduct of the cross border financial institution business which DTB is subject to before entering any transaction.
He added that his information is not only credible but also capable of having an influence on the decision or results of the appeal which will guide the proper legal and prudential regulations of the commercial banks in Uganda and beyond.
He claims that the bank has failed to secure and obtain the regulatory approval from the Central Bank of Kenya to contract the disputed credit transaction with the assistance of the bank which affects the legality of the whole transaction which was carried out jointly with DTB bank Uganda as one transaction.
However Kiggundu feared in his affidavit that the court may follow precedent and decline to hear his application because of the already available judgment on the appeal.
“It is therefore crucial that this Honourable court be pleased to admit the above mentioned additional information or evidence as it may deem fit and also arrest its judgment due to be delivered on 13th June 2023,” Kiggundu stated.
However, Justice Musoke told Muwema that the panel of the justices will deliver a judgment which will cover all his grievances and pleaded with him to be patient.
Muwema was protesting the court’s actions to summon them for a pre-hearing session for their application.
The judge declined to entertain their application based on the submissions of Edwin Karugire the bank’s lead lawyer that the said application was overtaken by events.
There was a lot of druma in court as Kiggundu led his supporters to protest the decision of the court accusing Karugire and his K&K Advocates partner Kiryowa Kiwanuka (the Attorney General) of using their political and family offices to influence the court judgement.
TOP MUSLIM CLERIC ADVISES KIGGUNDU
However, seasoned Muslim cleric who is also a close friend to Kiggundu’s father Sheikh Imam Ibrahim Iddi Kasozi warned Kiggundu to stop dragging president Museveni’s family into his court troubles.
“It was wrong for my son because his father is a friend of mine, to use the language he used in court on Thursday. He should get handlers to guide him otherwise he is likely to lose everything including his integrity,” Kasozi said.
He advised Kiggundu to be very careful with people surrounding him who don’t advise him or guide him but only incite him to fight stupid wars because inside their mind they know very well that without rousing him to fight they will not get money from him.
Sheikh Kasozi said that it was wrong for Kiggundu to attack the personalities of Kiwanuka and Karugire because whether he wants it or not they are still a big factor in Uganda’s legal system and they will also fight back by all means to protect their names and legacy.
“What Kiggunda has to do now is to pray to his Allah who gave him the wisdom to make money. They have said a lot against him including allegations that the money is not his but even if it is true, he was given the opportunity to run the said businesses because of his wisdom,” he said.
He pleaded with him to be strong and start up again even if it means investing outside the country, he will be successful because he is an inspiration to younger Muslims and Ugandans.
By Sengooba Alirabaki
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