Banking & Financial ServicesLegal & JusticeThe Big Story

WHO IS FOOLING WHO? Is Hamis Kiggundu, a patriotic Ugandan or a dishonest borrower hiding behind the law? The Latin maxim 'semper necessitas probandi incumbit ei qui agit' essentially means 'he who asserts must prove. It is interpreted to mean, ‘he who asserts/alleges must prove.’ This has been the accepted legal burden of proof in justice systems, the world over, for centuries. The whole reasoning behind this is that to minimise costs and damage, but to also discourage unfair accusations, the legal duty of burden of proof must always lie on the accuser to prove beyond a reasonable doubt, the veracity of their claims.

City businessman, Hamis Kiggundu's case versus DTB Uganda and DTB Kenya is now back to the High Court for retrial- something the businessman has protested against.

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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