Ham's lawyers write to the Chief Justice seeking his intervention

Oct 15, 2020

The Principal Judge Flavian Zeija on Tuesday issued an interim order staying the execution of the ruling in the High Court suit No. 43/20/20 and MA no. 654 of 2020 by Justice Henry Peter Adonyo.

Businessman Hamis Kiggundu has written a letter to the Chief Justice, seeking his intervention after the Principal Judge halted the execution of the judgment where Ham Enterprises emerged victorious over Diamond Trust Bank.

The Principal Judge Flavian Zeija on Tuesday issued an interim order staying the execution of the ruling in the High Court suit No. 43/20/20 and MA no. 654 of 2020 by Justice Henry Peter Adonyo.

Adonyo had ruled that Diamond Trust Kenya and Diamond Trust Bank Uganda had illegally offered loans to Ham Enterprises Limited and Kiggs International (U) Limited owned by Kiggundu Justice Adonyo ruled that the bank cannot recover $11m (SH41B) loan they had extended to Kiggundu. However, Justice Zeija stayed the execution of the decree pending the determination of the main application.

Through his lawyers, Fred Muwema, Kiggundu said he was concerned about the manner in which the Principal Judge was handling their file.

"Our clients would like to register concern with the flippant movement of their file in a manner which appears to hijack the judicial process and militate against all fairness in the administration of justice," he said in the letter.

It is for the above reasons that we seek and request for you urgent intervention as head of the judiciary in Uganda to issue such orders and directions necessary for the proper and efficient management of our clients' case as you may please. Our client reserves the right to take further action in the matter subject to your directions."

Kiggundu also accused DTB of sidestepping the appeal process by using the office of the Principal Judge to halt the execution of the ruling.

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