By Hannington Mbabazi
Kampala: “Based on the fact that non tolerance of illegalities in all courts of law is the baseline of all legal structures and Judicial proceedings internationally, this case is a weighing scale on the independence of the Ugandan Judiciary.”
Can Kiryowa Kiwanuka’s political influence as current Attorney General and Mr. Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records or this case is a beam of hope to all Ugandans as a solution to this cancer of the exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts?
Is Kiryowa Kiwanuka being the Attorney General and at the same time a partner in K & K Advocates amounting to conflict of interest thus frustrating and compromising the independence of the Judiciary?
In any given society once politicians and public servants start financially competing with the private business community, it compromises social economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place to carry the nation forward.
Quick Facts to Note:
Diamond Trust Bank (DTB) unlawfully debited UGX. 120 Billions from Ham Enterprises (U) Limited accounts and admitted to committing illegalities at high court on court records when Mr. Kiryowa Kiwanuka told the court that DTB had no license to operate in Uganda and judgment was made in favour of Ham Enterprises at the high court for recovery of the debited monies from the bank.
The bank and its lawyers of K&K Advocates additionally at Supreme Court admitted failure of the Court of Appeal to address the substantial point of illegality in their submission of 5th November 2021.
On 11 November 2021 Ham filed an application stating that DTB had concurred with him that the Court of Appeal (COA) justices; Richard Buteera, Christopher Madrama, and Keneth Kakuma, did not address the issues of illegality contrary to the provisions of the financial institutions act on which grounds judgment was rightfully entered at high court.
The Application for Judgement reads in part
Key Questions to Note:
Can the Ugandan Supreme Court Shield an Illegality contrary to the international baseline for judicial proceedings and legal structures? Are the Supreme Court judges strong enough to administer justice and Uphold the Law?
Can Kiryowa Kiwanuka’s political influence as the current Attorney General and Mr. Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records?
Is Kiryowa Kiwanuka as the Attorney General and at the same time a partner in K & K advocates amounting to conflict of interest and frustrating and compromising the independence of the Judiciary?
Can Diamond Trust Bank Escape the Law given our weak legal structures and policies as a nation?
Will this case serve Ugandans from the current exploitative poorly regulated banking system?
Court Convened on Friday May 5th, 2023 at 11:39 am to re-institute a panel of Judges following the demise of Justice Ruby Opio Aweri on December 7, 2022.
A panel composed of Justices: Alfonse Owiny-Dollo, the Chief Justice of Uganda, Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota was selected to decide the case adopting the case court records including the November 11, 2021 Ham’s application for Judgment on admission by DTB and its Lawyers K&K advocates.
Case Background.
In March 2020, Ham filed a suit against DTB for recoveries of monies unlawfully debited in Excess of UGX 120 Billion from its accounts.
The bank unlawfully and deceitfully withdrew these amounts over a spread period of 10 years in excess of all the companies liabilities to the bank on top of which Kirwowa Kiwanuka admitted on court records in September 2020, that DTB Kenya did not have a license permitting it to conduct banking business in Uganda and neither did DTB Uganda have the authority to conduct agency business on behalf of DTB Kenya there by contravening sections; 4 (1) and 117 of the Financial Institutions Act and the banking regulations.
On October 7, 2020, a judgment was entered in favour of Ham Enterprises (U) Limited at the high court by Hon Justice Henry Peter Adonyo.
Karugire and Kilyowa Kiwanuka using their political influence resultantly demoted and transferred the said judge immediately from the head of High Court, Commercial Division to Soroti.
Now that the public has witnessed K & K advocates controlling judges and influencing judgements in their favour in so many cases, victimizing and subjecting Ugandans to unfair and unjust political waves that always frustrate justice using political positions undermining the legal procedures with total absolute impunity, can they Successfully, Politically bulldoze the Supreme Court, or the law shall prevail?
Diamond Trust Bank admitted on court records by their submissions that they committed illegalities where they emphasized that; “The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgment was rightfully entered at the high court specifically stating that: “The learned Justices were entitled to first deal with the grounds regarding the procedure adopted by the trial Judge in striking out the defendants’ pleadings and granting the impugned orders before dealing with the other grounds.”
It was within these admissions in the bank’s submissions that they clearly stated that the appellant Judges never addressed the circumstances under which the Bank never sought the permission of the Bank of Uganda to carry out its business in Uganda as required hence violating sections; 4 (1) and 117 of the Financial Institutions Act.
Ham’s grounds of appeal at Supreme Court is that the justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled at High Court since DTB admits the same, Ham made an application for judgment on admission on the 23rd November 2021.
Ham Enterprises (u) Limited awaits judgment on court admission while DTB is stuck with the illegality as admitted both on court records from high court and the admissions on court record in their submissions at supreme court.
In our opinion, this case puts the Ugandan Judicial System and independence on Trial whether non-tolerance of illegalities as the baseline of all legal structures and Judicial proceedings in all courts of law throughout the world or its too weak to handle political pressure compromising all constitutional rights of Ugandans.
Can Kiryowa Kiwanuka’s political influence as current Attorney General and Mr. Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records or this case is a beam of hope to all Ugandans as a solution to this cancer of the exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts?
In any given society once politicians and public servants start financially competing with the private business community it compromises social economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place to carry the nation forward.
