The Supreme Court has set this week for the pre-hearing conference in an appeal case by businessman, Hamis Kiggundu against Diamond Trust Bank (DTB).
According to a notice by the court’s registrar, Ssali Harriet Nalukwago, the prehearing conference will take place on Thursday June, 8 at 9:30am.
“The objective of the conference is to fix the hearing dates for civil applications and to determine the format for presentation of arguments and time frames for filing written submissions,” the registrar said in the notice to lawyers from both parties.
The pre-hearing conference will be handled by Lady Justice Elizabeth Musoke.
Kiggundu last year filed an application to the Supreme Court asking for a judgment on what he contends Diamond Trust Bank (DTB) admitted on appeal in the shs120 billion case.
Earlier, Kiggundu, the proprietor of Ham Enterprises Limited and Kiggs International (U) limited dragged DTB -Uganda, and DTB-Kenya to Commercial Court for allegedly fraudulently siphoning over sh120billion from his accounts without his knowledge and consent which consequently directed that he is refunded the money taken from his account.
The bank however appealed against the judgement of the Commercial court on grounds that there was no illegality committed contrary to the Financial Institution Act and in May this yeara panel of three justices of the Court of Appeal including Richard Butera, Kenneth Kakuru and Christopher Madrama ruled in favor of the Diamond Trust Bank, setting aside the High Court.
The Court of Appeal ordered a retrial of the case by the Commercial Court, prompting the businessman to run to the Supreme Court to appeal against the decision of the Court of Appeal.
In his application, whose pre-trial conference is set for this week, the businessman says that DTB had concurred with him that the Court of Appeal justices Richard Buteera, Christopher Madrama and Kenneth Kakuma, did not address the issues of illegality in conducting financial institutions business in Uganda contrary the provisions of the financial act.
“On the whole, the thrust of the respondents arguments and submission in this appeal amounts to a clear, unequivocal and positive admission to the grounds I raised in the memorandum of appeal,” Kiggundu says in his application.
The businessman consequently says there is no dispute for the Supreme Court to determine in respect to the admitted grounds whereas the remainder of the appeal ought to be settled in his favour.
“In the circumstances, the admissions entitle the applicants to judgment upon the said admitted grounds and or a settlement of the remainder of the appeal as sought.”
