Sandra Ainebyoona.
Ham Enterprises, a prominent Ugandan business, has taken a bold step by petitioning the Constitutional Court. Ham’s move seeks to challenge a Supreme Court judgment delivered on 13th June 2023, which Ham Enterprises deems defective and unconstitutional, as it allegedly infringes upon multiple articles of the Ugandan Constitution.
The crux of the story lies in a longstanding feud between Ham Enterprises and Diamond Trust Bank (DTB). The business accuses DTB of engaging in unlawful, deceptive, and excessive withdrawals totaling over Ugx. 120 billion from their accounts over nearly a decade. Seeking justice, Ham Enterprises filed a lawsuit against the bank, leading to a series of dramatic court proceedings.
Initially, the High Court ruled in favor of Ham Enterprises, ordering DTB to refund the money with 8% interest. Dissatisfied with the judgment, DTB decided to appeal the decision at the Court of Appeal. To everyone’s surprise, the appellate court ordered a retrial of the case back at the High Court, citing the need to address the issue of illegality.
In response, Ham Enterprises decided to take the matter to the highest judicial authority in the country—the Supreme Court. However, before the Supreme Court could fully hear the case, Ham Enterprises filed two crucial miscellaneous applications, which were seemingly overlooked or disregarded. These applications sought judgment on DTB’s admission of committing illegalities on court records and the introduction of new evidence from the Director of Supervision at the Central Bank of Kenya.
Despite the gravity of these applications and their relevance to the case, they were not given a proper hearing, raising questions about the judicial process and its adherence to constitutional provisions. Ham Enterprises claims that their right to a fair trial, as enshrined in articles 28 and 44(C) of the Ugandan Constitution was violated.
Moreover, the timing and execution of the Supreme Court’s judgment have also been called into question. The judgment was dated and signed by the Chief Justice on 6th June 2023 but was later signed by other panel justices on 13th June 2023, the same day it was delivered. This has led Ham Enterprises to suspect that the decision might have been predetermined before the other justices’ signatures were obtained.
In light of these perceived irregularities and constitutional infringements, Ham Enterprises has taken the matter to the Constitutional Court, seeking to challenge the Supreme Court’s judgment and secure a fair and impartial resolution to their dispute with DTB.
