Businessman Hamis Kiggundu’s appeal case against Diamond Trust Bank (DTB) has reached a crucial stage, as the Supreme Court has scheduled a pre-hearing conference for this week. The conference, set to take place on Thursday, June 8 at 9:30 am, aims to determine the hearing dates for civil applications and establish the format for presenting arguments and submitting written submissions. Lady Justice Elizabeth Musoke will oversee the pre-hearing conference.
Kiggundu’s legal battle began when he filed an application with the Supreme Court last year, seeking a judgment on DTB’s alleged admission, made during the appeal, in the case involving 120 billion Ugandan shillings. He had accused DTB-Uganda and DTB-Kenya of fraudulently siphoning funds from his accounts without his knowledge or consent. The Commercial Court ruled in favor of Kiggundu, ordering the bank to refund the money. However, DTB appealed the decision, arguing that no illegality had occurred under the Financial Institution Act.
In May of this year, a panel of three justices from the Court of Appeal, comprising Richard Butera, Kenneth Kakuru, and Christopher Madrama, sided with Diamond Trust Bank, overturning the High Court’s ruling. The Court of Appeal called for a retrial of the case in the Commercial Court. Dissatisfied with the decision, Kiggundu turned to the Supreme Court to appeal against the Court of Appeal’s ruling.
In his application, which will be discussed during this week’s pre-trial conference, Kiggundu asserts that DTB concurred with him on the Court of Appeal justices’ failure to address the issue of illegality in conducting financial institution business in Uganda, as stipulated by the financial act. According to Kiggundu, DTB’s arguments and submissions in the appeal effectively admit the grounds he raised in his memorandum of appeal.
The businessman argues that, based on the admitted grounds, there is no dispute for the Supreme Court to resolve. He believes that judgment should be in his favor for the admitted grounds, and the remaining aspects of the appeal should be settled accordingly.
As the pre-hearing conference approaches, Hamis Kiggundu’s case against Diamond Trust Bank enters a critical phase, with the Supreme Court being tasked with determining the next steps in this ongoing legal battle.
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