Ham Files Notice Of Appeal

Kampala businessman Hamis Kiggundu aka Ham is appealing a ruling by the court of appeal ordering a retrial and canceling a120 billion shillings compensation to him.

Through their lawyers of Muwema and Company Advocates, Kiggundu has accordingly asked Court of Appeal to give them a certified copy of the proceedings to enable them to formulate the grounds of appeal. 

“Take notice that Ham Enterprises Limited and two others, being dissatisfied with the decision of Honorable Justice Christopher Madrama, Honorable Justice Kenneth Kakuru and Honorable Justice Richard Buteera given at Kampala on May 5th 2021 intend to appeal to the Supreme Court against the whole decision,” reads the notice in part.

On May 5th 2021 3 justices of the court of appeal overturned a commercial court ruling in favor of Ham that had directed Diamond Trust Bank Uganda and Diamond Trust Bank Kenya to compensate him for illegally withdrawing money from his bank accounts without his knowledge.

The Commercial Court order was issued by Judge Henry Peter Adonyo in October 2020 who directed that all monies deducted from Ham’s accounts in a syndicated banking agreement the 2 banks be refunded.

He also directed that an interest 8% and costs of the suit among other orders be paid.

DTB Kenya and Uganda instead challenged the commercial court decision arguing that the commercial court decision didn’t determine evidence on record related to the breach of contract, fraud and statutory duties between the parties among other grounds.
Ham Files Notice Of Appeal
The 3  Justices including – Deputy Chief Justice Richard Buteera, Kenneth Kakuru and Christopher Izama Madrama ruled that Justice Adonyo erred in law when he dismissed a defense statement by the banks.

They unanimously ordered the case file to be sent back to the High Court for retrial and directed Kiggundu to pay costs of the appeal to the banks
The justices said the judge also erred by saying that DTB Kenya needed the approval of the Bank of Uganda to give loans in Kenya to Ugandan entites.

Being dissatisfied with the Court of Appeal decision, on Monday Kiggundu together with his companies Ham Enterprises Limited and Kiggs International Uganda Limited decided to notify both Court of Appeal and the Supreme Court about their intention to challenge the same.