Kampala Businessman Hamis Kiggundu through his companies Ham Enterprises and Kigs Investments Uganda Limited have filed a Notice of Appeal before Court of Appeal and Supreme Court expressing their dissatisfaction with the decision of the Appellant Court
Court of Appeal unanimously nullified orders by Commercial Court directing Diamond Trust Bank Uganda and Diamond Trust Bank Kenya to refund more than 120 billion shillings to him which Ham says was an illegality in that regard.
This has prompted him to file an appeal to the Supreme Court of Uganda seeking to overturn the Court of Appeal’s decision.
The notice dated 10th May 2021 has been served to both Registries of the two courts.
“Take notice that Ham Enterprises and two others being dissatisfied with the decision of Honorable Justice Christopher Madrama, Justice Kenneth Kakuru and Richard Buteera given on 5th May 2021 intend to appeal against the whole decision.” reads part of the notice
Through his lawyers, Muwema and Company Advocates, Ham has also asked the Court of Appeal seeking to be addressed a copy of record proceedings so that they can be able to prosecute the appeal.
“We have been instructed to appeal to the Supreme Court against the whole decision of the justices of the Court of Appeal given on the 5th Day of May 2021, we hereby apply for a certified copy of the Record of Proceedings to enable us prosecute the appeal,” the notice served to the Court of Appeal from Muwema and Co. Advocates reads.
In their ruling last week, the three Justices of the Court of Appeal unanimously ordered for the retrial of the case of Diamond Trust Bank (DTB) Uganda Limited and DTB Kenya vs Ham Enterprises and two others.
These faulted Justice Henry Peter Adonyo of the High Court of having erred in law and fact when he quoted nonexistence laws in his ruling.
In his ruling Adonyo noted that DTB Kenya was not licensed to carry out business in the country, and that the loans it extended to Ham Enterprises were irregular, null and void
Upon receiving the Court of Appeal ruling, Hajji Hamis Kiggundu vowed to make use of all legal avenues available to challenge the decision which he referred to as ‘unfair’ to all Ugandans dealing with the banking sector.
He faulted the court of appeal of failure to pronounce themselves on the illegalities which were conducted by DTB Kenya and DTB Uganda but instead focused on nullifying the orders of the Lower court.