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By David Serumaga A few days ago, the Founder and Chief Executive Officer (CEO) of Ham Group of Companies, Al-Hajji Hamis Kiggundu alias Ham and Mr....
Businessman Hamis Kiggundu alias Ham has petitioned the Constitutional Court to reverse the Supreme Court’s decision in the multibillion dollar case against Diamond Trust Bank, claiming that it was flawed and illegal under the law. On June 13th, 2023, the Supreme Court, Uganda’s highest court, ordered that Civil Suit No. 43 of 2020 be remitted to the High Court for retrial before another judge, and upheld the legitimacy and enforceability of syndicated loan contracts, among other things. In accordance with Constitutional Petition No. 18 of 2023, dated July 7, 2023, Ham and his two corporations, Ham Enterprises Ltd. and Kiggs International (U) Ltd., are now requesting that the Constitutional Court order the Supreme Court to retry Supreme Court Civil Appeal (SCCA) No. 13/2021 as well as two other related applications. According to Ham’s lawyer, Fred Muwema of Muwema and Co. Advocates, the Supreme Court decision was arbitrary and “in complete violation of the Uganda code of judicial conduct and the Petitioners’ inviolable rights to be heard.” He claims he was subjected to “an infringement of his constitutional right to a fair hearing” as a result of this. Ham also questions how the Judgement was dated and signed by the Chief Justice on June 6, 2023, but later signed by other panel justices on June 13, 2023, and delivered on the same date, despite the Chief Justice stating that other Coram members were in full agreement with it 7 days before their actual signing; and referred the case to the High Court for retrial under a new Judge after not hearing two pending applications and dismissing the substantial issue of illegality. As a result, he requests that the Constitutional Court order the Supreme Court to “expunge the proceedings and judgement in CivilAppeal No. 13/2021 from the public records of Uganda” and retry the full Supreme Court Civil Appeal (SCCA) No. 13/2021. Facts and the case’s history Ham through his companies obtained a loan from DTB-U...
