Tycoon Hamis Kiigundu has vowed to challenge Court of Appeal’s ruling delivered this Wednesday in the Higher Court.
The Businessman commonly known as Ham will in a few days file a petition in the Supreme Court contesting the judgement delivered by the three Justices quashing the Commercial Court’s judgment which ordered Diamond Trust Bank (DTB) to refund shs 120 billion which the bank allegedly deducted from Ham’s accounts.
Last year, on 7th October, in his ruling, Justice Henry Peter Adonyo, the Commercial Court judge said that DTB violated the Financial Act of 2004 and therefore directed that the SHS 120 billion should be paid with interest of 8% for carrying out illegalities on the Ham’s accounts.
However, three Court of Appeal judges ruled otherwise.
Court of Appeal sent back the file to the High Court- Commercial Court division for retrial on grounds that Justice Adonyo didn’t accord the appellant (DTB) a right to be heard.
Court of Appeal Justices ruled thus;
Christopher Izama Madrama: There was no need to enter default judgment which restrained the appellant from being heard. Appeal partially succeeds.
Keneth Kakuru: Amendment of pleadings was beyond the scope allowed within the law. It changed the cause of action.
Court could not order enforcement of contract said to be illegal. One party cannot benefit from an illegal contract.
Appeal should succeed. He would order that the amended plaint cannot stand.
Richard Butera: The claim was not a liquidated demand and it was wrong for the judge to enter a default judgment.
Amendment of pleadings was irregular for changing the cause of action. Amended pleadings struck out.
Appeal succeeds. Suit should be remitted to the High Court for hearing on the basis of original pleadings.
However, Mr Kiggundu said he will challenge this judgment in Supreme Court.
Ham told this website that, he will not accept to go back lower court for retrial because he has already left that stage.
“This was a matter of addressing an illegality which was not done,” he said.
“That is why we are going to Supreme Court.”
The astute businessman has vowed to sue DTB afresh in Kenya for illegally transferring money into Uganda without the authority of the country’s Central Bank.
“So we are taking both DTB Kenya and DTB Uganda to Court in Kenya,” he said.
This website will publish full ruling later..
