As Ham Awaits Judgment On Its Admissions Of Illegality, Troubled DTB Panics, Spreads Falsehood.

The news that tycoon Hamis Kiggundu aka Ham had lost his appeal against Diamond Trust Bank (DTB), which had just acknowledged to illegality before the supreme court, flooded Uganda’s media on Friday.

Ham’s appeal to the Supreme Court was based on the fact that the justices at the Court of Appeal neglected to address the major question of illegality as rightly determined by the High Court. If DTB admits the same, Ham is entitled to Judgement by Admission under the law.

This case, in our opinion, is a weighing scale on Uganda’s judicial independence, as non-tolerance of illegalities in all courts of law is the international baseline for all legal institutions and judicial proceedings.

By their statements to the c

“The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgement was rightfully entered at the high court specifically stating that:” Diamond Trust Bank admitted on court records through their submissions that they committed illegalities.

Before dealing with the other grounds, the learned Justices were authorized to deal with the grounds concerning the trial Judge’s procedure in striking out the defendants’ pleas and granting the impugned orders.

“The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgement was rightfully entered at the high court specifically stating that:” Diamond Trust Bank admitted on court records through their submissions that they committed illegalities.

Before dealing with the other grounds, the learned Justices were authorized to deal with the grounds concerning the trial Judge’s procedure in striking out the defendants’ pleas and granting the impugned orders.

The bank’s statements plainly stated that the appellant Judges never addressed the reasons under why the Bank never requested the Bank of Uganda’s authorization to carry out its operations in Uganda as required, therefore violating sections 4 (1) and 117 of the Financial Institutions Act.

Ham’s appeal to the Supreme Court was based on the fact that the justices at the Court of Appeal neglected to address the major question of illegality as rightly determined by the High Court. If DTB admits the same, Ham is entitled to Judgement by Admission under the law.

On November 23, 2021, Ham asked the court for judgment based on the bank’s admission.

Ham Enterprises (U) Ltd, through its lawyers Muwema and Company Advocates and Kimara Advocates and Solicitors, also wrote to the court, requesting that the application be heard on November 26th, 2021.

Hams’ letter asks the court to schedule a convenient date for the application’s hearing.

False information based on panic is being shared on many social media platforms that Ham’s application against DTB on admissions was denied by a simple assistant registrar’s opinion letter dated December 1, 2021, as attached, according to a court order.

Opinion of the Assistant Registrar

Ham Enterprises (U) Ltd, through their lawyers, has already responded to this Opinion in a letter dated December 3, 2021, and they are still awaiting the application ato be fixed as required by law, as well as a Judgement on admissions, since DTB’s admission is obvious and arose directly from their submissions on court records. Even the courts of law cannot ignore this fact.

DTB is saddled with the illegality that has been admitted both on court documents from the high court and in their filings to the supreme court. Ham’s response is attached.

Ham’s Civil Application Hearing Request

This case, in our opinion, is a bellwether for the independence of the Ugandan judiciary, as non-tolerance of illegalities in all courts of law is the international standard for all legal systems and judicial proceedings.