Following the Summons by the supreme court on June 8, 2023, for the pre-hearing of the application for judgement on the admission of illegalities not substantially addressed by the court of appeal which unfortunately outside normal court procedure, Hon. Justice Elizabeth Musoke shocked the court by saying the Chief Justice instructed her not to entertain the application but rather inform the applicants that delivery of judgement in the main appeal is on June 13, 2023.
This according to Businessman Hamis Kiggundu is contrary to article 28 of the constitution which provides for the right to a fair, speedy and public hearing to all Ugandans by an independent and impartial court or tribunal established by law and equally contrary to article 44(c) of the constitution which provides that Notwithstanding anything in the Constitution, there shall be no derogation from enjoyment of the right to a fair hearing. So every Ugandan has the right to be heard.
It is on this ground that Kiggundu through his lawyer Fred Muwema of Muwema and Co Advocates applied for the arrest of the scheduled judgement as it arose out of bias and perhaps the honourable court could not determine the main appeal before hearing and determining a miscellaneous application for judgement based on the bank’s admission to committing illegalities both in the high court and the supreme appeal.
In their application for the arrest of Judgement, Ham noted that:
- Civil Application No 051/2021 Ham Enterprises Ltd & 2 Ors vs “Diamond Trust Bank (U) Ltd & Diamond Trust Bank (K) Ltd which was filed by the Applicants seeking orders for judgement on admission, be heard and finally determined by the court.”
- The Applicants be granted leave to adduce additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect of the disputed credit transactions between the “Applicant and the 2nd Respondent, the subject of this Appeal.”
- This Honourable Court be pleased to arrest it’s Judgment in Supreme Court Civil Appeal No 13/2021 which is scheduled to be delivered on the 13th of June 2023 at 10:30 a.m pending the hearing and determination of Civil Application No 051 /2021 and the application for leave to adduce additional evidence.
- This Honourable Court be pleased to issue further and better orders as shall meet the ends of justice.
- Costs of the Application be provided for.
TAKE FURTHER NOTiCE that the grounds in support of this application “herein are contained in the supporting affidavit of Hamis Kiggundu, ”the 3rd Applicant and a director of the 1st and 2nd Applicants”. respectively and a further affidavit of Edwin Lubanga, which shall be read and relied upon at hearing but briefly are that;”
1 The Applicants filed a memorandum of appeal in Supreme Court Civil Appeal No 13/2021 in which they raised 7 grounds of appeal to wit;
1. The learned Justices of Appeal erred in law and fact when they avoided adjudicating the substantial question of illegality which was the basis of the Respondent’s Appeal before them.
More details of the Application are in the attachment below:
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