KAMPALA- On October 12, 2020, Principal Judge Dr. Flavian Zeija blocked the commercial court injunction in favor of Ham Enterprises to recover UGX. 120bn from DTB Uganda /Kenya after the Judgment from Dr. Henry Peter Adonyo.
This has raised eyes brows causing Ham Enterprises and Kiggs International Ltd to file a petition to the Judicial Service Commission (JSC), a body that is responsible for the conduct of judicial actors.
The case between Ham Enterprises against DTB Uganda/ Kenya recently became a hot matter of contention to the public domain because of its uniqueness in the banking sector which is a grey area for most people.
With the developments reaching our site On Friday, 16, 2020, Hamis Kiggundu, the director Ham Enterprises filed a petition in dismay to the actions of the latter.
He cites out numerous reasons challenging the path taken by the principal Judge on ground below.
– Since he is a former banker, having served at FINCA Uganda and Tropical Bank of Africa, his loyalty was inclined towards supporting banks against clients in the courts of law, taking advantage of his superior high ranking position in the judiciary.
– Without notice, he summoned the file when it was before the deputy registrar Her Worship Dr. Agnes Nkonge, that gave it direction in regard to the application for an injunction against the bank, noting that the trial extracted an order subjecting them to a condition of paying 30 percent they received was divergent for the hearing proceedings before her Worship and this left doubt in their minds up to date.
– He further summoned the deputy registrar Her worship Dr. Agnes Nkonge during the handling of miscellaneous application No.34 of 2020, with knowledge of the defendant without the plaintiff or lawyers.
– He further called for a file after receiving a letter from K& K Advocates dated July 8, 2020, where counsel unreasonably, unjustifiably complained about the allocation process of the file to Hon. justice Duncan Gaswaga.
– Due to the pressure from the principal Judge Hon. Flavian Zeija, that Hon. justice Duncan Gaswaga rescued himself from the hearing of the case of July 9, 2020 before the determination of the appeal against the bank for payment of 30 percent that stands currently.
– His action undermines the independence of the judiciary enshrined in the Constitution when he purports to interfere with other officers’ decision.
– His rights also violate the fair hearing when he decides solely on the motion of the defendant / applicants but total exclusion of them who are also parties.
– The law of an interim stay of execution doesn’t grant the principal Judge jurisdiction at all to handle sure application where he hasn’t handled the matter.
In conclusion that he stands compromised and they are uncomfortable with him dealing with their file.
Furthermore, after the Judgment by head of Commercial division, Dr. Henry Peter Adonyo, the Uganda Bankers Association (UBA) appealed to court on account that the it would jeopardize the sector with a loan portfolio of UGX. 5.7 trillion.
About the Case
Ham Enterprises Ltd and Kiggs International claimed that DTB/ Kenya siphoned UGX. 34bn and USD. 23M on their accounts without their consent for a period of 10 years which was unlawful.
Well! Let us see the twists and turns in this case but we shall unfold details as they prevail.
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