Ham Enterprises (U) Limited has filled a Constitutional Petition challenging Regulation 13 (2012) of the Mortgage Act that came into action in 2010 and its Constitutionality on ground that it’s repugnant and inconsistent to Article 28 which provides for the right to a fair hearing and this Regulation has always been used by Banks as a clog against seeking justice by their clients.
Commercial Banks in Uganda have always used Regulation 13 under the Mortgage Regulation 2012 that requires payment of a 30% deposit to exploitatively push their clients to the wall denying them the right to a fair hearing as provided by Article 28 of the Constitution of Uganda. This injustice is yet to change and come to an end because of Ham’s 100Bn fraud Case against Diamond Trust Bank.
This is because Ham Enterprises as already Secured Its first Win against the Bank as the 30% Deposit requirement was nullified and dropped by Court in this Case as the hearing proceeds.
However it should be noted that this requirement has recently been successfully outlawed by the Constitutional Court in Constitutional Petition No. 3/2009 Fuelex (U) Limited Vs Uganda Revenue Authority.
This is the same court hearing the Constitutional Petition filed by Ham Enterprises (U) Limited against Diamond Trust Bank Constitutional Petition No. 11/2020 which quotes similar injustices but this time under the Mortgage Regulations. This kind of injustice in Uganda should stop since courts of laws are conduits of Justice as Ugandans go to courts of law seeking justice not rather to be turned into victims.
Source: The Uganda Times
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