HAM Vs DTB: HAM ENT APPLIES FOR ARREST OF SCHEDULED JUDGEMENT ON REQUEST FOR FAIR HEARING

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“The  Applicants   be  granted  leave  to  adduce  additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect  of  the  disputed  credit  transactions   between  the   “Applicant and the 2nd Respondent, the subject of this Appeal.

KAMPALA UGANDA| Following the Summons by supreme court on June 8, 2023 for Pre-hearing of the application for judgement on admission of illegalities not substantially addressed by court of appeal where unfortunately outside normal court procedure, Hon. Justice Elizabeth Musoke shocked court by saying the Chief Justice instructed her not to entertain the application but rather inform the applicants that delivery of judgement in the main appeal is on June 13, 2023 which is contrary to article 28 of the constitution which provides for the right to a fair, speedy and public hearing to all Ugandans by an independent and impartial court or tribunal established by law and equally contrary to article 44(c) of the constitution provides that Notwithstanding anything in the Constitution, there shall be no derogation from enjoyment of the right to fair hearing. So every Ugandan has the right to be heard.

This compelled Ham Ent through its lawyers to instantly file an application for arrest of the scheduled judgement as it arouse out of bias and perhaps the honourable court could not determine the main appeal before hearing and determining a miscellaneous  application for judgement based on the bank’s admission to committing illegalities both in high court and the Supreme Court.

Ham Ent Application for Arrest of Judgement

In their application for arrest of Judgement, Ham noted that:

1. Civil Application No 051/2021 Ham Enterprises Ltd & 2 Ors vs “Diamond Trust Bank (U) Ltd & Diamond Trust Bank (K) Ltd which was filed by the Applicants seeking orders for judgement on admission, be heard and finally determined by the court.”

2. The  Applicants   be  granted  leave  to  adduce  additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect  of  the  disputed  credit  transactions   between  the “Applicant and the 2nd Respondent, the subject of this Appeal.”

3. 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.

4. This  Honourable Court  be pleased to issue further  and better orders as shall meet the ends of justice.

5. Costs of the Application be provided for.

TAKE FURTHER NOTiCE that the grounds in support of this application “herein are contained in the supporting affidavit of Hamis Kiggundu,”the  3rd  Applicant   and  a   director   of   the   1 st   and   2nd  Applicants”. respectively and a further affidavit of Edwin Lubanga, which shall be read and relied upon at hearing but briefly are that;”

1The  Applicants  filed  a  memorandum  of  appeal  in  Supreme Court Civil Appeal No 13/2021 in which they raised 7 grounds of appeal  to wit;

1.        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.

Ham’s Application for Arrest of Judgement.