Hamis Kiggundu (Ham), has filed an application with the Constitutional Court to challenge a ruling made by the Supreme Court on June 6, 2023. The Supreme Court ruling had thwarted Ham’s efforts to avoid repaying the loans he borrowed from Diamond Trust Bank (U) Ltd (DTB-U) and Diamond Trust Bank (K) Ltd (DTB-K).
Ham, along with his two companies, Ham Enterprises Ltd and Kiggs International (U) Ltd, has taken DTB-U, DTB-K, and the Attorney General to court, claiming that his constitutional right to a fair hearing was violated during the handling of Supreme Court Civil Appeal (SCCA) No. 13/2021.
He argues that the Supreme Court ruling was in complete violation of Uganda’s code of judicial conduct and infringed upon his right to be heard. Ham seeks various orders from the Constitutional Court, including the expunction of the proceedings and judgment in Civil Appeal No. 13/2021 from Uganda’s public records, and a fresh trial of the case.
Ham is represented by M/s Muwema & Co. Advocates and Solicitors and Kimara Advocates & Consultants.
Ham who borrowed money from DTB-U and DTB-K but failed to repay the loans in full filed a civil suit against the banks, claiming unfair contractual terms and illegal deductions from his accounts. The banks denied the allegations and asserted that Ham was indebted to them. During the legal process, Ham amended his claim and introduced new arguments, challenging the legality of the loan agreements.
The High Court ruled in favor of Ham, declaring the loans illegal and unenforceable. However, DTB-U and DTB-K appealed the decision in the Court of Appeal, which set aside the High Court orders and remitted the case back to the High Court for a fresh hearing before another judge.
Ham then appealed the Court of Appeal ruling to the Supreme Court, which ultimately dismissed his appeal. He now contests the Supreme Court’s judgment through the Constitutional Court, claiming that the court erred in handling his applications and ruling on syndicated lending.
