Ham Vs DTB Case: Court Of Appeal Set To Hold  First Hearing Of Uganda’s Historical Financial Case Tomorrow.

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Expert Opinion: Ham Vs DTB Court Case Judgement Will Make People Lose Confidence In The Judicial System
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Will the Court of Appeal reverse the judgement on an Illegality that the High Court already pronounced itself on?

The long-standing legal financial battle between Diamond Trust Bank (DTB) and Ham Enterprises is near the final judgement after the Court of Appeal sets tomorrow (Wednesday) 27th of January 2021 to start first hearing of an appeal filed by DTB bank in the 120Billion fraud case that was earlier determined by the high court in favor of Ham Enterprises.

DTB through Kiryowa Kiwanuka Nsumikambi Mugambe and the Principal Judge are trying to challenge the High Court’s Judgement against the illegality Acts of the Bank.  In the High Court Judgement of 7th October 2020,  Diamond Trust Bank was ordered to refund the 120Bn unlawfully and fraudulently debited from Ham’s accounts with 8% interest (9.6 Billion), immediate release all mortgages, debentures, personal guarantees and return of all titles belonging to Ham Enterprises held by the bank as well as canceling the 39 Billion loan that had illegally been extended to Ham Enterprises, settling it at law in total protection of the Ugandan Banking laws and Uganda’s Financial Independence.

The Court further issued directives to Bank of Uganda as the implementing authority under the Financial Authorities Act 2 of 2004 As Amended to take such necessary actions and measures to ensure that the provisions of the law is implemented in accordance with the intention of the law such as to protect the Ugandan economy from illegal hemorrhages and uncontrolled flows of financial resources and to ensure that financial institutional business in Uganda is operated within the letter of the law to protect the nascent banking business industry in Uganda.

The plaintiff’s lawyers were in the process of executing the Court Orders and DTB through their lawyer Kiryowa Kiwanuka filed a notice of appeal and an application to stay execution of the Court Orders until the final determination of the said appeal, noting that the High Court’s Judgement was full of many irregularities including ordering that the bank to return Kiggundu’s land titles after winning the case and over 120bn shillings that DTB had taken from his accounts.

Ham Enterprises U Ltd, lawyers led by Arnold Norgan Kimara and Fred Muwema in October, 2020 asked court to dismiss the said appeal with costs on grounds that it was incompetent in law and misconceived.

Muwema stated that the high court did not commit any error while dismissing the said loan since DTB broke the rules that govern the banking industry in Uganda.

The counsel added that DTB would repent and return back the fetched money from mogul Ham’s accounts since they unlawfully acquired it thus losing the first case.

The parties were then served to have the application heard at the Commercial Court on the 13th October 2020 at 2:30 Pm.  However, despite the plaintiff and his lawyers proceeding to commercial court as instructed at 2:30 Pm, the hearing process never proceeded. They were informed in court corridors that the file had been taken by the Principal Judge.

 In a shift turn of events, the Principal Judge Flavian Zeija on Tuesday night (13th October 2020) undermined and issued a compromised Ex parte order that had been drafted by the Bank’s lawyer, Kiryowa right at his chambers in the interest of the defendants and in absence of the plaintiffs. Which was contrary and inconsistent to the procedure of administration of Justice on the courts of law.

Will the Court of Appeal reverse the judgement on an Illegality that the High Court already pronounced itself on?

This case is a very positive success towards eliminating the rampant exploitation of Ugandans by Banks through illegal activities that had been previously backed by Section 13 of the Mortgage Act requiring bank customers to first deposit 30% of the disputed amounts before court can hear any case filed against any bank, which section was earlier ruled out of Ham Enterprises U Ltd case by court. This historical and Landmark judgement by Hon Justice Henry Peter Adonyo will forever change Uganda’s banking industry.

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