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In yet another legal gimmick, largely perceived to be a delay tactic, to buy him time, against the inevitable, businessman Hamis Kiggundu (Ham) has applied to the Constitutional Court, seeking to overturn, a 6th June 2023 Supreme Court ruling that foiled the businessman’s attempts to avoid repaying billions that he borrowed from Diamond Trust Bank (U) Ltd (DTB-U) and Diamond Trust Bank (K) Ltd (DTB-K). In a 07th of July 2023 application to the Constitutional Court, Ham, together with his two companies, Ham Enterprises Ltd and Kiggs International (U) Ltd, have dragged the two banks and the Attorney General to…
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By Phillip Karugaba & Rehema Nakirya Ssemyalo The Supreme Court of Uganda gave its judgment last week in the much-anticipated appeal in Ham Enterprises Ltd, Kiggs International (U) Ltd and Hamis Kiggundu vs. Diamond Trust Bank (U) Ltd and Diamond Trust Bank (K) Ltd (Civil Appeal No. 13 of 2021). The court held that a lending transaction between a foreign bank and a Ugandan borrower does not constitute “transacting financial institutions business” as defined by the Financial Institutions Act 2004 (“FIA”). This finally clarifies that a foreign lender does not require a licence from the Bank of Uganda (“BoU”) under…
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Uganda’s Supreme Court on 13th June 2023 dismissed an application in which businessman Hamis Kiggundu and his companies, Ham Enterprises Ltd and Kiggs International Ltd sought to wiggle out repayments of approximately USD11 million to two banks, claiming the lending was done without license. In the much-anticipated ruling, a Coram of 5 judges⏤Owiny-Dollo CJ; Mwondha JSC; Tuhaise JSC; Chibita JSC; Musota JSC) emphasised that the syndicated lending between Diamond Trust Bank Uganda (DTB-U) and Diamond Trust Bank Kenya (DTB-K)is legitimate and enforceable. It also ruled that foreign lenders who do not mobilise deposits domestically are not bound by the Financial…
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By Phillip Karugaba, Rachel Musoke and Sheila Pacuto The Ugandan Court of Appeal, (in Diamond Trust Bank (Kenya)/Diamond Trust Bank (Uganda) vs Ham Enterprises Civil Appeal No, 262 of 2020), has set aside a decision that declared loans made by Diamond Trust Bank (Kenya) to a Ugandan business to be illegal on the grounds that the lender required and had not obtained a licence from the Bank of Uganda under the Financial Institutions Act 2004. The Appeal Court set aside the judgment and has sent the matter back to the High Court for retrial before another judge. In its decision,…
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In 2020 the borrower, Ham Enterprises applied to the high court of Uganda for orders among others that the lending by Diamond Trust Bank Kenya (“DTBK”), a Kenyan bank to the borrower Ham Enterprises (a Ugandan entity) was illegal on the basis that the Kenyan Bank engaged in financial institution business without due authorization and permission from the Bank of Uganda (“BoU”). The trial court ruled that the Financial Institutions Act (“FIA”) applies to foreign banks and it was illegal for money held on deposit, whether in Uganda or outside, to be lent without the approval of the BoU. The…
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The Bank of Uganda has withdrawn from the case in which Diamond Trust Bank (DTB) seeks to overturn a high court ruling, which faulted Diamond Trust Bank-Uganda for collecting debts on behalf of its parent company DTB-Kenya.The judgement stemmed from a case filed by Ham Kiggundu, and his two companies Ham Enterprise Limited and Kiggs International (U) Limited against DTB -Uganda, and DTB-Kenya, in March last year, accusing them of fraudulently siphoning more than UGX120 billion from his accounts without his knowledge and consent. Kiggundu said that between February 2011 and August 2018, he was offered credit facilities by the banks…
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Bank of Uganda has lost an application in which it sought to join as ‘Amicus Curie’ (Friend of the Court), the ongoing appeal by Diamond Trust Bank against Ham Enterprises, a company owned by businessman Hamis Kiggundu.The court was sitting to hear an appeal against a ruling by the high court to the effect that the DTB Kenya, a parent company of Diamond Trust Bank-Uganda, was not registered to do business in Uganda, nor appoint DTB Uganda as an agent to collect debts owed to the Kenyan bank by Kiggundu.The judgement stemmed from a case filed by Ham Kiggundu, and his…
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