By Our Reporter
KAMPALA: Following the summons by the Supreme Court on June 8, 2023, for pre-hearing of the application for judgment on admission of illegalities not substantially addressed by the court of appeal, which unfortunately was outside normal court procedure, Hon. Justice Elizabeth Musoke shocked the court by saying the Chief Justice instructed her not to entertain the application but rather inform the applicants that delivery of judgment in the main appeal is on June 13, 2023, which is contrary to Article 28 of the constitution.
According to Musoke, this provides for the right to a fair, speedy, and public hearing for all Ugandans by an independent and impartial court or tribunal established by law, which is equally contrary to Article 44(c) of the Constitution, which provides that notwithstanding anything in the Constitution, there shall be no derogation from the enjoyment of the right to a fair hearing. So every Ugandan has the right to be heard.
This compelled Ham Enterprises, through its lawyers, to instantly file an application for arrest of the scheduled judgment as it arouses bias, and perhaps the honorable court could not determine the main appeal before hearing and determining an iscellaneous application for judgment based on the bank’s admission to committing illegalities both in the high court and the supreme appeal.
The Applicants are granted leave to adduce additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect of the disputed credit transactions between the Applicant and the 2nd Respondent, the subject of this appeal.
In their application for arrest for judgment, Ham noted that:
- Civil Application No. 051/2021: Ham Enterprises Ltd. & 2 Ors. vs. “Diamond Trust Bank (U) Ltd. & Diamond Trust Bank (K) Ltd.,” which was filed by the applicants seeking orders for judgment on admission, be heard and finally determined by the court.”
- The Applicants are granted leave to adduce additional evidence from the Central Bank of Kenya to elucidate and substantiate the illegality committed by the 2nd Respondent in respect of the disputed credit transactions between the “Applicant and the 2nd Respondent, the subject of this appeal.”
- This Honourable Court is pleased to arrest it’ s Judgment in Supreme Court Civil Appeal No. 13/2021, which is scheduled to be delivered on the 13th of June 2023 at 10:30 a.m., pending the hearing and determination of Civil Application No. 051/2021 and the application for leave to adduce additional evidence.
- This Honourable Court shall be pleased to issue further and better orders as shall meet the ends of justice.
- Costs of the application are provided for.
TAKE FURTHER NOTICE that the grounds in support of this application “herein are contained in the supporting affidavit of Hamis Kiggundu, the 3rd Applicant and a director of the 1 and 2nd Applicants, respectively, and a further affidavit of Edwin Lubanga, which shall be read and relied upon at hearing, but briefly are that;”
The applicants filed a memorandum of appeal in Supreme Court Civil Appeal No. 13/2021 in which they raised seven grounds of appeal, to wit:
- The learned Justices of Appeal erred in law and fact when they avoided adjudicating the substantial question of illegality, which was the basis of the respondent’s appeal before them.
Find more in the application below: