KAMPALA: The Supreme Court has thrown out an application by Hamis Kiggundu popularly known as Ham.
According to a ruling issued Wednesday by Didas Muhumuza, the Assistant Registrar Supreme Court, the application “does not raise any new issue to necessitate any further/new filings, which would in any case require leave of court to do so”.
The ruling further adds that what Ham is looking for in the application will be taken care of in the final judgement “since the grounds of Appeal by the respondents (DTB Bank) to be relied on are already on court record. You are therefore advised to wait for the final decision of the Court which will hopefully address your concerns”.
The ruling was on an application filed by Ham last week on 26th November, 2021.
In his application, Ham sought a judgement on what said Diamond Trust Bank (DTB) had admitted to committing illegalities on appeal in a Shs120 billion commercial dispute.
He argued that the bank agreed with him that the Court of Appeal (COA) justices – Deputy Chief Justice Richard Buteera, Christopher Madrama, and Kenneth Kakuru — did not address the issues of illegality in conducting financial institutions business in Uganda, contrary to the provisions of the Financial Institutions Act.
He further argued that he and the bank faulted the justices for abandoning the rounds raised at COA and regularly introducing new grounds of appeal that were implicitly set out in the memorandum of appeal to rive to its decision, and at the justices erred in law, in finding that DTB was never heard by the trial court before their joint written statement of defence as struck out and judgment entered in his favour.
The case is before justices; Alfonse-Owiny Dollo, Rubby Opio Aweri, Faith Mwondha, Mike Chibita and Percy Tuhaise.