Businessman Ham wants a justice conclusion in the Ham Vs DTB case.

Businessman Hamis Kiggundu has applied for speedy justice in the long-standing legal case between Ham Enterprises and DTB Bank.

Ham also wants the independence of Uganda’s judiciary and the influence of politics in legal proceedings withdrawn.

Concern has been raised about the political influence wielded by Attorney General Kiryowa Kiwanuka and his legal partner Edwin Karugire of Kiwanuka and Karugire advocates  raising concerns of  individuals and legal scholars questioning whether their positions and connections could potentially protect Diamond Trust Bank from the illegal actions it has  committed.

Another critical point of scrutiny is Kiryowa Kiwanuka’s dual role as both the Attorney General and a partner in K&K Advocates, the defence firm of the embattled bank. This raises doubts about the impartiality and independence of the judiciary.

The potential conflict of interest in such a scenario has further fueled concerns that the outcome of the case could be compromised.

Can Kiryowa Kiwanuka’s political influence as current Attorney General and  Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records or this case is a beam of hope to all Ugandans as a solution to this cancer of exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts?

In any given society once politicians and public servants start financially competing with the private business community, it compromises social-economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place.

Diamond Trust Bank (DTB) unlawfully debited UGX. 120 Billion from Ham Enterprises (U) Limited accounts and admitted to committing illegalities at the high court on court records when  Kiryowa Kiwanuka told the court that DTB had no license to operate in Uganda and judgment was made in favour of Ham Enterprises at the high court for recovery of the debited monies from the bank.

The bank and its lawyers of K&K Advocates before the Supreme Court in 2021 and admitted failure of the Court of Appeal to address the substantial point of illegality in their submission of 5th November 2021.

On 11 November 2021, Ham filed an application stating that DTB had concurred with him that the Court of Appeal (COA) justices; Richard Buteera, Christopher Madrama, and Keneth Kakuma, did not address the issues of illegality contrary to the provisions of the financial institutions act on which grounds judgment was rightfully entered at the high court.

DTB and its lawyers, K & K advocates, have also admitted to the failure of the Court of Appeal to address the substantial point of illegality in their submissions.

Ham Enterprises filed an application highlighting that the Court of Appeal justices did not address the issues of illegality as per the provisions of the Financial Institutions Act.

As a result, the case now awaits a judgment on admission, while DTB remains entangled in the admissions it made on court records at both the high court and the Supreme Court.

A panel of esteemed judges, including Chief Justice of Uganda has been selected to decide the case based on the court records and Ham Enterprises’ application for judgment on admission.

The outcome of this high profile case will not only determine the fate of Ham Enterprises and DTB but also set a precedent for the Ugandan judicial system. It will test the strength of the judiciary to administer justice and uphold the law in the face of potential political pressure.

 The resolution of this case holds the potential to shape the future of banking regulations, legal procedures, and the protection of constitutional rights for all Ugandans.

Brief History

Ham Enterprises (U) Limited (The company) and Diamond Trust Bank (The Bank) had a 10 Year long term Banking relationship where Ham Enterprises (U) Limited as the client made huge transactions on its accounts with the bank equally extending Loan facilities to the company and the company would promptly pay off these loans until an outstanding balance of USD 10,000,000 (United States Dollar – Ten Million only) which the company claims was not reducing despite having paid huge amounts of money towards loan clearance over time.

 The company therefore decided to carry out a figurative and legal Audit on all its accounts through which Audit report from the company's accounts and Loan statements availed from the Bank records revealed that all loans were already paid to zero balance and instead the Bank had excessively unlawfully debited Ugx – 34bn and USD 23m from the company's accounts over that spread period of time.

 The legal audit furthermore revealed that Diamond Trust Bank was carrying out illegal transactions in a bid to avoid paying government taxes contrary to the laws of Uganda specifically as guided by the Financial Institution Act and equally contrary to the Bank of Uganda customer consumer protection guidelines.

On 17th Jan 2020, Ham Enterprises (U) Limited hence filed a suit at the commercial court for recovery of the excessive money unlawfully debited from its accounts, equally bringing these acts of illegalities committed by the Diamond Trust Bank to the court's attention.

On 7th October 2020, judgement was entered against the Bank based on fact that the Bank on court record admitted to committing illegalities by carrying out financial institution business in Uganda without a license as required by section 117 of the Financial Institution Act, and DTB Uganda acting as DTB Kenya Agent without approval in contravention of Regulation 5 Of The Financial Institutions (Agent Banking) Regulations 2017 and Section 126 (3) of the Financial Institutions Act as well as the relevant laws of Kenya making the bank to become a principal offender as provided for under section 19 of the Financial Institutions Act having taken part in and facilitated the commission of an offence. There was also no counter claim by Diamond Trust Bank in regard to any outstanding unpaid loans by Ham Enterprises (U) Limited to the Bank. The judgment equally directed the bank of Uganda 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

 On 20th October 2020, The bank appealed against the judgement of the commercial court on grounds that there was no illegality committed contrary to the Financial Institution Act

 On the 5th May 2021  a panel of three Honorable Judges headed by Hon. Justice Richard Butera, Hon. Justice Kenneth Kakuru and Hon.  Justice Christopher Madrama ruled in favor of the Diamond Trust Bank, setting aside the High Court judgment without addressing the issue of illegality despite it being the substantial ground of appeal as filed by Diamond Trust Bank. The Court of Appeal concluded by ordering a retrial at the high court while excluding the amended plaint that had raised the point of law of illegality committed by Diamond Trust Bank thereby promoting and shielding the illegalities as committed by the bank contrary to the Financial Institutions Act.

On the 10th June 2021  Ham Enterprises (U) Limited appealed against the court of appeal decision at the supreme court

On 12th November 2021, the supreme court allowed the bank's request to highlight submissions on grounds not contained in their memorandum of appeal on a matter not subject of appeal and parties were asked to submit on the same within 13 days. Diamond Trust Bank in their Submissions admitted that the Court of Appeal failed to address the Substantial point of illegality upon which judgement was rightfully entered at the high court specifically stating in their submissions that: "The learned Justices were entitled to first deal with the grounds  regarding the procedure adopted by the trial Judge in striking out the  defendants' pleadings and granting the impugned orders before  dealing with the other grounds" and on 23 November 2021, Ham applied and awaits judgement on the admissions by the Bank.

Karugire and Kilyowa Kiwanuka , using their political influence, were resultantly demoted and transferred the judge immediately from the head of the High Court, Commercial Division to Soroti.

Now that the public has witnessed K&K advocates controlling judges and influencing judgements in their favour in so many cases, victimizing and subjecting Ugandans to unfair and unjust political waves that always frustrate justice using political positions undermining the legal procedures with total absolute impunity, can they Successfully, Politically bulldoze the Supreme Court, or the law shall prevail?

Diamond Trust Bank admitted on court records by their submissions that they committed illegalities where they emphasized that; “The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgment was rightfully entered at the high court specifically stating that: “The learned Justices were entitled to first deal with the grounds regarding the procedure adopted by the trial Judge in striking out the defendants’ pleadings and granting the impugned orders before dealing with the other grounds.”

It was within these admissions in the bank’s submissions that they clearly stated that the appellant Judges never addressed the circumstances under which the Bank never sought the permission of the Bank of Uganda to carry out its business in Uganda as required hence violating sections; 4 (1) and 117 of the Financial Institutions Act.

Ham’s grounds of appeal at the Supreme Court is that the justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled at High Court since DTB admits the same, Ham made an application for judgment on admission on the 23rd November 2021.

 Ham Enterprises (u) Limited awaits judgment on court admission while DTB is stuck with the illegality as admitted both on court records from the high court and the admissions on court record in their submissions at the supreme court.