SUPREME COURT RULING ON HAM VS DTB CASE WAS DUE ON TUESDAY NEXT WEEK
Ham Enterprises has filled an application for arrest of scheduled Judgement on request for fair hearing of his application for judgement on admission by Diamond Trust Bank as provided by the Constitution of Uganda.
According to court documents, the applicants want to be granted leave to adduce additional evidence from the Central Bank of Kenya to elucidate and substantiate what they called the illegality committed by the 2nd Respondent (Diamond Trust Bank (K) Ltd) in respect of the disputed credit transactions between the applicant and this bank, which is the subject of the appeal.
In a Civil Application No 051/2021 Ham Enterprises Ltd & 2 Ors vs “Diamond Trust Bank (U) Ltd & Diamond Trust Bank (K) Ltd has filed seeking orders for judgement on admission, be heard and finally determined by the court.
“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” the application says.
It goes on that ‘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’
The application says the grounds in support of the application are contained in the supporting affidavit of Hamis Kiggundu,” the 3rd Applicant who’s also a director of the 1 st and 2nd Applicants.
The application also informs court of a further affidavit of Edwin Lubanga, which shall be read and relied upon at hearing.
In brief, the application says;
“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; The learned Justices of Appeal erred in law and fact when they avoided to adjudicating the substantial question of illegality which was the basis of the Respondents Appeal before them” it says.
The same application says the learned justices of Appeal erred in law and fact when they abandoned the grounds of appeal raised by the respondents and irregularly introduced new grounds of appeal that were not implicitly set out in the memorandum of appeal.
Hereto attached is the full civil application by Ham seeking for arrest of impending judgment so that more evidence is tabled.