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    EC Sets programme and polling date for Bukimbiri County Parliamentary by-election 

    EC Sets programme and polling date for Bukimbiri County Parliamentary by-election

    Soroti City East By-elections: EC sets Tentative but Statutory deadline as Justice Byabakama Preaches fairness and Free process

    Soroti City East By-elections: EC sets Tentative but Statutory deadline as Justice Byabakama Preaches fairness and Free process

    More Clout: Stanbic Bank’s CEO Anne Juuko Business Leadership Skills Continues to Star, wins at the ABLA

    More Clout: Stanbic Bank’s CEO Anne Juuko Business Leadership Skills Continues to Star, wins at the ABLA

    Electoral Commission Issues Detailed 2022 Guidelines for Women Councils and Committees From Village to District Levels

    Electoral Commission Issues Detailed 2022 Guidelines for Women Councils and Committees From Village to District Levels

    Raw Deal: Businesses cry Foul, says they Reap Zero out of Billions they Invest in ‘Influencers’ that Never Attract a Penny in Sales

    Raw Deal: Businesses cry Foul, says they Reap Zero out of Billions they Invest in ‘Influencers’ that Never Attract a Penny in Sales

    Still on MPs` Salary Upsurge? Well, Hon. Speaker Anita Among`s UGX2.5Bn New Mercedoz Finally Jet into the Country! 

    Still on MPs` Salary Upsurge? Well, Hon. Speaker Anita Among`s UGX2.5Bn New Mercedoz Finally Jet into the Country!

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    UNBS closes Sunshare factory over failure to comply with Standards

    UNBS closes Sunshare factory over failure to comply with Standards

    Outgoing PRAU President Cynthia Mpanga (right) hands over the key to new PRAU President Sarah Kagingo as PRAU Patron Min. Frank Tumwebaze looks on

    Hon. Frank Tumwebaze graces PRAU Governing Council Handover Ceremony

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    To Connect the Unconnected with Innovations towards Inclusive Growth

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    Vincent Omoth – Marketing Manager Fresh Dairy (L) hands over 20 classroom desks to Head Teacher Kirinya Catholic School

    Fresh Dairy donates classroom desks to Kirinya Catholic Primary School

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    Final Whistle: UMA and NCF Floor UNCC as Ministry of Gender, Labor and Social Development Okays 28th June as Date for New Leaders Elections

    Final Whistle: UMA and NCF Floor UNCC as Ministry of Gender, Labor and Social Development Okays 28th June as Date for New Leaders Elections

    English Whistle: Englishman Anthony Woodthorpe Won’t Stomach Stubbornness at Rugby Africa Cup in France 

    English Whistle: Englishman Anthony Woodthorpe Won’t Stomach Stubbornness at Rugby Africa Cup in France

    Never Say Never: Doreen Kabareebe to finally Represent Uganda at the MS International Beauty Pageant

    Never Say Never: Doreen Kabareebe to finally Represent Uganda at the MS International Beauty Pageant

    Good to Fly: Crested Cranes CECAFA SWC Triumph Signals a Ready Team for the Morocco Bound AFCON

    Good to Fly: Crested Cranes CECAFA SWC Triumph Signals a Ready Team for the Morocco Bound AFCON

    The Bul-let: Resilient BUL FC fires a revenge bullet into Vipers Fresh at Stanbic Uganda Cup, stopping the Venoms Season Double 

    The Bul-let: Resilient BUL FC fires a revenge bullet into Vipers Fresh at Stanbic Uganda Cup, stopping the Venoms Season Double

    New Precedence: King Saha, Lawyer Erias Lukwago threaten to Contest any form of Online-Based Voting for UMA Presidency 

    New Precedence: King Saha, Lawyer Erias Lukwago threaten to Contest any form of Online-Based Voting for UMA Presidency

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    NWSC Improves Apac Water Supply with over 150 Kms of Main Extensions to Cover 60% of the Quantity Projected 

    NWSC Improves Apac Water Supply with over 150 Kms of Main Extensions to Cover 60% of the Quantity Projected 

    Expert adds Scientific Angle to NCS’s Witchcraft Scandal without Dismissing the Vice as a Big Pass time for Africans

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    Covid-Funds-Theft Records: Top Health Ministry Officials Stuck with UGX52Bn Loot as Districts Jam to Account for Air 

    Covid-Funds-Theft Records: Top Health Ministry Officials Stuck with UGX52Bn Loot as Districts Jam to Account for Air

    National Water and Sewerage Corporation Technical Staff’ Skills Enhanced for Better Service Delivery 

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    The Story: How Nabilah’s Sobbing Husband Ssempala Left a Hole into which Barya Slipped and Filled

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    U`re Hypocrites: Ugandan Socialite Zaituni Kirigwajjo aka Zari Freezes her Appearances on all Uganda Events 

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    UNBS closes Sunshare factory over failure to comply with Standards

    UNBS closes Sunshare factory over failure to comply with Standards

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    To Connect the Unconnected with Innovations towards Inclusive Growth

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  • 2021 Uganda Elections
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    EC Sets programme and polling date for Bukimbiri County Parliamentary by-election 

    EC Sets programme and polling date for Bukimbiri County Parliamentary by-election

    Soroti City East By-elections: EC sets Tentative but Statutory deadline as Justice Byabakama Preaches fairness and Free process

    Soroti City East By-elections: EC sets Tentative but Statutory deadline as Justice Byabakama Preaches fairness and Free process

    More Clout: Stanbic Bank’s CEO Anne Juuko Business Leadership Skills Continues to Star, wins at the ABLA

    More Clout: Stanbic Bank’s CEO Anne Juuko Business Leadership Skills Continues to Star, wins at the ABLA

    Electoral Commission Issues Detailed 2022 Guidelines for Women Councils and Committees From Village to District Levels

    Electoral Commission Issues Detailed 2022 Guidelines for Women Councils and Committees From Village to District Levels

    Raw Deal: Businesses cry Foul, says they Reap Zero out of Billions they Invest in ‘Influencers’ that Never Attract a Penny in Sales

    Raw Deal: Businesses cry Foul, says they Reap Zero out of Billions they Invest in ‘Influencers’ that Never Attract a Penny in Sales

    Still on MPs` Salary Upsurge? Well, Hon. Speaker Anita Among`s UGX2.5Bn New Mercedoz Finally Jet into the Country! 

    Still on MPs` Salary Upsurge? Well, Hon. Speaker Anita Among`s UGX2.5Bn New Mercedoz Finally Jet into the Country!

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Tech
    • All
    • Apps
    • Gadget
    • Mobile
    • Startup
    UNBS closes Sunshare factory over failure to comply with Standards

    UNBS closes Sunshare factory over failure to comply with Standards

    Outgoing PRAU President Cynthia Mpanga (right) hands over the key to new PRAU President Sarah Kagingo as PRAU Patron Min. Frank Tumwebaze looks on

    Hon. Frank Tumwebaze graces PRAU Governing Council Handover Ceremony

    UG Pineapple at B&W

    It was Blankets and Pineapple Waragi as SA’s Distruction Boys entertain Kampala

    To Connect the Unconnected with Innovations towards Inclusive Growth

    To Connect the Unconnected with Innovations towards Inclusive Growth

    Cindy Sanyu

    Cindy Sanyu to headline Eastern Megafest

    Vincent Omoth – Marketing Manager Fresh Dairy (L) hands over 20 classroom desks to Head Teacher Kirinya Catholic School

    Fresh Dairy donates classroom desks to Kirinya Catholic Primary School

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
  • Entertainment
    • All
    • Gaming
    • Movie
    • Music
    • Sports
    Final Whistle: UMA and NCF Floor UNCC as Ministry of Gender, Labor and Social Development Okays 28th June as Date for New Leaders Elections

    Final Whistle: UMA and NCF Floor UNCC as Ministry of Gender, Labor and Social Development Okays 28th June as Date for New Leaders Elections

    English Whistle: Englishman Anthony Woodthorpe Won’t Stomach Stubbornness at Rugby Africa Cup in France 

    English Whistle: Englishman Anthony Woodthorpe Won’t Stomach Stubbornness at Rugby Africa Cup in France

    Never Say Never: Doreen Kabareebe to finally Represent Uganda at the MS International Beauty Pageant

    Never Say Never: Doreen Kabareebe to finally Represent Uganda at the MS International Beauty Pageant

    Good to Fly: Crested Cranes CECAFA SWC Triumph Signals a Ready Team for the Morocco Bound AFCON

    Good to Fly: Crested Cranes CECAFA SWC Triumph Signals a Ready Team for the Morocco Bound AFCON

    The Bul-let: Resilient BUL FC fires a revenge bullet into Vipers Fresh at Stanbic Uganda Cup, stopping the Venoms Season Double 

    The Bul-let: Resilient BUL FC fires a revenge bullet into Vipers Fresh at Stanbic Uganda Cup, stopping the Venoms Season Double

    New Precedence: King Saha, Lawyer Erias Lukwago threaten to Contest any form of Online-Based Voting for UMA Presidency 

    New Precedence: King Saha, Lawyer Erias Lukwago threaten to Contest any form of Online-Based Voting for UMA Presidency

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    NWSC Improves Apac Water Supply with over 150 Kms of Main Extensions to Cover 60% of the Quantity Projected 

    NWSC Improves Apac Water Supply with over 150 Kms of Main Extensions to Cover 60% of the Quantity Projected 

    Expert adds Scientific Angle to NCS’s Witchcraft Scandal without Dismissing the Vice as a Big Pass time for Africans

    Expert adds Scientific Angle to NCS’s Witchcraft Scandal without Dismissing the Vice as a Big Pass time for Africans

    Covid-Funds-Theft Records: Top Health Ministry Officials Stuck with UGX52Bn Loot as Districts Jam to Account for Air 

    Covid-Funds-Theft Records: Top Health Ministry Officials Stuck with UGX52Bn Loot as Districts Jam to Account for Air

    National Water and Sewerage Corporation Technical Staff’ Skills Enhanced for Better Service Delivery 

    National Water and Sewerage Corporation Technical Staff’ Skills Enhanced for Better Service Delivery

    The Story: How Nabilah’s Sobbing Husband Ssempala Left a Hole into which Barya Slipped and Filled

    The Story: How Nabilah’s Sobbing Husband Ssempala Left a Hole into which Barya Slipped and Filled

    U`re Hypocrites: Ugandan Socialite Zaituni Kirigwajjo aka Zari Freezes her Appearances on all Uganda Events 

    U`re Hypocrites: Ugandan Socialite Zaituni Kirigwajjo aka Zari Freezes her Appearances on all Uganda Events

    Trending Tags

    • Golden Globes
    • Game of Thrones
    • MotoGP 2017
    • eSports
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  • Opinions
    UNBS closes Sunshare factory over failure to comply with Standards

    UNBS closes Sunshare factory over failure to comply with Standards

    UG Pineapple at B&W

    It was Blankets and Pineapple Waragi as SA’s Distruction Boys entertain Kampala

    To Connect the Unconnected with Innovations towards Inclusive Growth

    To Connect the Unconnected with Innovations towards Inclusive Growth

    Cindy Sanyu

    Cindy Sanyu to headline Eastern Megafest

  • 2021 Uganda Elections
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The Big Story: Making Sense of Tycoon Hamis Kiggundu`s tricky Case against Diamond Trust Bank Uganda, Kenya

November 30, 2021
inCrime news, Featured
The Big Story: Making Sense of Tycoon Hamis Kiggundu`s tricky Case against Diamond Trust Bank Uganda, Kenya

Ham Vs DTB (Courtesy Photo)

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For the very first time, the mighty Investigator picks interest in the tricky case where city businessman, Hamis Kiggundu dragged Diamond Trust Bank (DTB) to High Court, floored them in the first round at the Commercial Division before they trotted to the Court of Appeal, for fear of the worst. 

Whereas piles of paper rims, ink, time and money have been spent in this matter, the only ground in favor of Kiggundu is the illegality in the entire arrangement. For the sake of the ordinary mind, we strive to localize the much-used legal terms, for many resolved court cases go without properly being stylized in lay man`s conception.

For starters, one doesn`t graduate from Kampala`s LDC and cross over to Nairobi to start their legal trade without a practicing license from Kenya. It is from such illegalities that Hon. Justice Dr. H.P Adonyo derived the desire to find DTB Uganda and DTB Kenya, guilty before handing the victory to Hamis Kiggundu on Oct. 7th2020 at Commercial Division in Kampala.  

Whereas it is true that Kiggundu, somewhere around 2011 walked into DTB Uganda and successfully negotiated a loan in Billions, it is equally true that the same was legally contested by the former. This was upon the Bank taking it in their hands to draw, as recovery, some billions from Ham`s Accounts without his consent.

It is at this time that Kiggundu decided to take on DTB, not only contesting the illegal removal of his dimes but again, challenging the stance where, DTB Uganda used DTB Kenya to lend him the money. Using this as the main ground among others, Kiggundu`s brainy lawyers of Muwema & Co. Advocates dragged DTB to Court. 

According to Section 117 of the Financial Institutions Act, “A foreign bank may, in such form and such manner as shall be prescribed by the Central Bank by statutory instrument apply to the Centra Bank for permission to establish a representative office in Uganda to engage in such limited activities, excluding the taking of deposits as the Central Bank may approve.”

And basing on the above among others, Justice Adonyo ruled thus; “From the above, I would tend to agree with the submission of the Applicant that indeed the 2nd Respondent [DTB Kenya] not only appointed the 1stRespondent [DTB Uganda] to be its agent in Uganda but that [they] carried out financial business transactions on behalf of the 2nd Respondent in contravention of the law both in Uganda which acts are illegal and would call for it being penalized since it pleaded and attached no license authorizing it to transact business on behalf of the 2nd Respondent…”

Hon. Justice Adonyo added; “Arising from the determination as I have made above, I would answer this issue in affirmative that indeed the 1st Respondent acted as an agent of the 2nd Respondent when it carried out the impugned financial business transaction without first obtaining a license from Bank of Uganda in contravention of the law which act is criminal and illegal.” He then passed his ruling in favor of Hamis Kiggundu.  

Probably in the know that they committed an offence which might turn grave against the entire banking industry in the country, and knowing that in Uganda, such offences are committed by the banks against innocent and unsuspecting Ugandans, DTB never wanted to pose this precedent themselves, lest they be eye-cornered by other banks.

The DTB lawyers of K&K Advocates (Karugire and Kiryowa) elected to challenge the ruling by filing an Application to Court of Appeal. Their claim amongst others was that the trial Judge (Adonyo) had thrown out their defense, claiming it wouldn`t stand in the place of the already determined illegality under which the transactions were made. 

“This application is allowed with costs to the Applicants. The joint written statement of the Respondents filed in HCCS No. 43 of 2020 which is a perpetuation of illegalities is hereby struck out,” Adonyo had ruled. But DTB objected and filed an Appeal before three Justices namely; Kenneth Kakuru, Richard Buteera and Christopher Madarama.  

At the Court of Appeal, the trio Justices concurred with DTB that indeed, the trial Judge was in error to throw out the defense. They all centered on the act as one of the reasons for their judgement of the matter, ignoring in entirety, the illegalities Adonyo cited. They agreed to grant DTB a victory before they ordered that the matter be taken back to the High Court and be re-heard. 

In his ruling, Adonyo had ordered that an independent auditor be appointed by the Institute of Certified Public Accountants of Uganda to determine the issue relating to the 1st Respondent`s loan accounts as raised in the plaint and to furnish the Court with an audit and reconciliation report in respect of the disputed claims in issue. 

Basing on the above, Justice Kenneth Kakuru argued that the trial Judge had read the stashed defense and shouldn`t have thrown it out. “It is apparent to me that the learned trial Judge had issued the above order on the basis that the plaintiffs now respondents had raised valid claims in the plaint that required determination on one hand and that the defendants now appellants also had raised a valid defense.”

In his judgement, Justice Christopher Madrama ordered thus; “In conclusion, the learned trial Judge erred in law, to strike out the written statement of defense and I would accordingly allow grounds 9 and 11 of the Appeal and set aside the order striking out the written statement of the defense.”

On his side, Justice Richard Buteera ruled thus; “It is clear from the above quoted order [about appointing an auditor – Ed] of the trial that the claims which are the subject matter of the dispute were not liquidated. It was therefore an error of the learned trial Judge to strike out the written statement of defense and enter judgement for the plaintiffs…”

The trio went on to hold that DTB`s Appeal succeeds “with an order of setting aside the judgement and orders of the learned trial Judge with costs.” They also issued an order to remit “the suit to the High Court to be fixed before another trial judge for determination after hearing from both parties.” 

But hold it there! The Ham Kiggundu lawyers have sworn upon their living God never to kowtow in the Court of Appeal poohoo. They have instead applead to the Supreme Court with interesting grounds, seeking the most top Court to find all the three Judges` submissions and judgements wanting… Watch this space…  

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Stanley Ndawula
Stanley Ndawula
Stanley Ndawula is a two and a half decades’ seasoned investigative journalist with a knack for serious crimes investigations and reporting. He’s the Founding Editorial Director and CEO at The Investigator Publications (U) Limited
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Tags: Diamand Trust BankDTB UgandaHam Enterprises LimitedHamis Kiggundu Vs Diamond Trust BankMuwema & Company Advocates
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