The Supreme Court in Kampala has referred back to the Commercial Division of the High Court the shs120 billion loan case between businessman Hamis Kiggundu and Diamond Trust Bank (DTB) Uganda and Kenya.
A panel of five justices of the court including the Chief Justice Alphonse Owiny Dollo, Lady Justice Faith Mwondha, Lady Justice Percy Tuhaise, Justice Stephen Musota and Justice Mike Chibita ruled that it is only prudent that the case is returned to the lower court for fresh hearing.
Dollo said in a lead judgment read for him by Lady Justice Percy Tuhaise today that the case be remitted back to the High Court for trial before another judge.
Kiggundu, the proprietor of Ham Enterprises Limited dragged DTB -Uganda, and DTB-Kenya to Commercial Court for allegedly fraudulently siphoning over sh120billion from his accounts without his knowledge which consequently directed that he is refunded the money.
The Commercial Court ruled in the favour of Ham and ordered DTB to pay shs120 billion.
DTB appealed against the decision of the lower court and in its subsequent judgment, the Court of Appeal ordered for a retrial of the matter in the Commercial Court.
Dissatisfied with the Court of Appeal’s decision, Ham challenged the same before the Supreme Court.
Today, the justices of the Supreme Court reasoned with the Court of Appeal that there were glaring errors during the case at Commercial Court that needed to be rectified through a retrial.
