Supreme Court Convenes Pre-Hearing Conference in Hamis Kiggundu’s Appeal Against Diamond Trust Bank

The legal battle between businessman Hamis Kiggundu and Diamond Trust Bank (DTB) has reached a significant juncture as the Supreme Court announces the scheduling of a pre-hearing conference. The conference, slated for Thursday, June 8 at 9:30 am, is poised to address crucial matters such as determining hearing dates for civil applications and establishing guidelines for argument presentation and written submissions. Lady Justice Elizabeth Musoke will preside over the conference, which holds paramount importance in shaping the course of this legal dispute.

Kiggundu’s legal journey commenced when he lodged an application with the Supreme Court last year, seeking a judgment on DTB’s alleged admission during the appeal phase of the case involving a staggering sum of 120 billion Ugandan shillings. The businessman accused DTB-Uganda and DTB-Kenya of engaging in fraudulent activities by siphoning funds from his accounts without his knowledge or consent. Initially, the Commercial Court ruled in favor of Kiggundu, ordering the bank to refund the misappropriated money. However, DTB decided to challenge the verdict by appealing the decision, asserting that no illegalities had occurred in accordance with the Financial Institution Act.

In a twist of events, the Court of Appeal, comprising Justices Richard Butera, Kenneth Kakuru, and Christopher Madrama, overturned the High Court’s ruling in May of this year, siding with Diamond Trust Bank. Consequently, the Court of Appeal ordered a retrial of the case in the Commercial Court. Dissatisfied with this outcome, Kiggundu took his appeal to the Supreme Court, seeking redress against the Court of Appeal’s decision.

In his application, which will be a focal point of discussion during the upcoming pre-trial conference, Kiggundu contends that DTB concurred with him regarding the Court of Appeal justices’ failure to address the issue of illegality in the conduct of financial institution business in Uganda, as mandated by the financial act. Kiggundu asserts that DTB’s arguments and submissions during the appeal effectively acknowledge the grounds he had raised in his memorandum of appeal.

The businessman posits that, based on these admitted grounds, there exists no dispute for the Supreme Court to settle. He firmly believes that judgment should be rendered in his favor for the admitted grounds, with the remaining aspects of the appeal to be resolved accordingly.

With the imminent pre-hearing conference, Hamis Kiggundu’s case against Diamond Trust Bank enters a critical phase. The Supreme Court holds the pivotal responsibility of charting the course for the next steps in this protracted legal battle, which has significant implications for both parties involved.

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