The High court yesterday nullified and dropped the 30% deposit requirement in Tycoon Ham’s 100Bn fraud case against Diamond Trust Bank as it contradicts Article 28 of the constitution of the Republic of Uganda which provides the right to fair hearing as well as defeating the independence of the Judiciary.
The Mortgage Act was enacted in 2010 and in 2012 , Regulation 13 under the Mortgage Regulation 2012 that requires payment of a 30% deposit was smuggled into the laws of Uganda as a photocopy to the income tax law which required a tax payer to pay URA a deposit of 30% on an assessment before they could challenge such assessment at courts of law.
Ham Petitions the Constitutional Court Challenging Mortgage Regulation 13
Ham Enterprises (U) Limited has additionally filled a Constitutional Petition challenging Regulation 13 and its Constitutionality on ground that it’s repugnant and inconsistent to Article 28 which provides for the right to a fair hearing and this Regulation has always been used by Banks as a clog against seeking justice by their clients.
Similar Regulation already Outlawed
It should however be noted that this requirement has recently been successfully outlawed by the Constitutional Court in Constitutional Petition No. 3/2009 Fuelex (U) Limited Vs Uganda Revenue Authority.
This is the same court hearing the Constitutional Petition filed by Ham Enterprises (U) Limited against Diamond Trust Bank Constitutional Petition No. 11/2020 which quotes similar injustices but this time under the Mortgage Regulations. This kind of injustice in Uganda should stop since courts of laws are conduits of Justice as Ugandans go to courts of law seeking justice not rather to be turned into victims.
We Congratulate Ham Enterprises upon this Success and look forward to final Victory in their case.
We shall Keep you Posted!!
Source: The Uganda Times
Would you like to get published on this Website? You can now email Uganda Times any breaking news, Exposes, story ideas, human interest articles or interesting videos on: [email protected]. Videos and pictures can be sent to +256 726071828 on WhatsApp.