“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
Hamis Enterprises has filled 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
On June 8, 2023, the Supreme Court issued a Summons for the Pre-hearing of an application regarding the admission of illegalities that were not adequately addressed by the Court of Appeal. Unfortunately, during the proceedings, Hon. Justice Elizabeth Musoke shocked the court by stating that the Chief Justice had instructed her not to entertain the application. Instead, she was to inform the applicants that the judgment in the main appeal would be delivered on June 13, 2023.
This action is in direct violation of Article 28 of the constitution, which guarantees the right to a fair, speedy, and public hearing to all Ugandans by an independent and impartial court or tribunal established by law. It is also contrary to Article 44(c) of the constitution, which ensures that the right to a fair hearing cannot be infringed upon. Therefore, every Ugandan has the right to be heard.
As a result, Ham Ent promptly filed an application, through its legal representatives, requesting the suspension of the scheduled judgment. This was done on the grounds of bias, as it seemed inappropriate for the honourable court to proceed with the main appeal without first addressing and deciding upon a miscellaneous application that involved the bank’s acknowledgement of engaging in illegal activities in both the High Court and the Supreme Court.
In their application for arrest of Judgement, Ham noted that:
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.”
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.”
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.
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.
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 1st 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.
Find more in the Application below:
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