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A group of Ugandan lawyers and civic activists have taken to the High Court to challenge what they describe as a dangerous, unconstitutional, and illegal encroachment on Kampala’s lifeline drainage system—the Nakivubo Channel. At the center of the dispute is businessman Hamis Kiggundu, aka Ham, whose company Ham Enterprises, is conducting construction works on the protected channel. The Kampala Capital City Authority (KCCA) and the National Environment Management Authority (NEMA) are accused of failing in their oversight roles, while the Attorney General has been sued as government’s chief legal representative. The plaintiffs, Naffi Kazinda and Samuel Oola, represented by F….
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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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As such, during the entire lifetime of a case- the accuser, also known as the plaintiff, dedicates huge amounts of effort, time and resources to prove their case, while the defendant or the accused, equally dedicates a lot of time trying to poke holes in the alleged evidence being presented by the court, to prove themselves innocent. But the case of businessman Hamis Kiggundu against two banks—Diamond Trust Bank Uganda (DTB Uganda) and Diamond Trust Bank Kenya (DTB Kenya) has defied all common sense. It is one of those rare occurrences, where the accuser has instead fought so hard to…
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The Court of Appeal has ordered for the retrial of a case in which businessman Hamis Kiggundu and DTB Limited are fighting over a loan advanced to him through his Ham Enterprises. In a unanimous judgement delivered today, the judges quashed last year’s orders of the lower court that outlawed the loans advanced to Ham Enterprises. The judges, Richard Buteera (deputy chief justice), Christopher Madrama and Kenneth Kakuru faulted the High Court Henry Peter Adonyo for failing to appreciate the law and the evidence on record. They also ordered the businessman to lay legal costs incurred by the bank. In the lead…
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The Court of Appeal will tomorrow (Wednesday) deliver its decision over a case in which DTB Limited is challenging last year’s High Court orders that outlawed the loan advanced to businessman Hamis Kiggundu through his Ham Enterprises. Court of Appeal judges led by Deputy Chief Justice Richard Buteera will deliver its judgement in the ongoing session. After hearing the case early this year, the judges said that they will deliver their decision notice. Other judges are Kenneth Kakuru and Christopher Madrama. DTB Uganda and DTB Kenya went to the Court of Appeal against Ham Enterprises, Kiggs International Limited and Mr Kiggundu following an October 12…
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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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The Hamis Kiggundu vs. Diamond Trust Bank (DTB) case took almost everyone by surprise. Everybody who knows the maverick businessman, the proprietor of Ham Enterprises and Kiggs International, knows that he and DTB have had a long cordial and reciprocal working relationship. It is a public secret that DTB has been at the centre of the businessman’s growth. In fact the bank was also a tenant at most of the businessman’s buildings as well. So mutual, that even when the businessman in October 2017, needed a USD10 million facility, and DTB Uganda could only lend him a maximum of USD5.5…
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