The Head of Commercial Court Division of High Court. Henry Peter Adonyo, has set Monday August 31, as the date for conferencing in the matter where city businessman Hamis Kiggundu accused Diamond Trust Bank (DTB) of fraudulently taking away huge sums of money from his account without his knowledge.
The matter was expected to commence today Thursday August 27, but this was not possible after Counsel Fred Muwema representing Ham, informed court that he was not ready to proceed and thus asked for more time.
Muwema said that although the matter was supposed to come up for scheduling on Wednesday, it was not possible before meeting counsel Kiryowa Kiwanuka representing DTB to harmonize on joint scheduling of the memorandum in order to save court’s time.
“We received a voluminous bundle from the defendant which we seek to have an opportunity to look into as we prepare to have our own trial bundle. We pray for a shorter adjournment of one week period,” said Muwema.
However, Counsel Kiryowa Kiwanuka representing DTB objected to this request on grounds that court had fixed the matter for Wednesday and on several occasions, they have tried to reach out the applicant’s lawyers but in vein.
He asked the judge to issue an order restraining negative media reports about this matter unless it’s about what transpired in court.
In response to this, Muwema blamed the defendants for having publicized the matter giving an example of a public notice which was put in the papers describing his client as a bad debtor.
On adjourned the matter, the judge ordered both parties to use the time allocated to them appropriately to iron out all contentious issues so that in the next sitting, no time is wasted.
In the matter before court, Hamis Kiggundu, the proprietor of Ham Enterprises Limited, through his lawyers, petitioned court seeking to block DTB from attaching and selling off his assets to recover huge sums of money which are alleged to have been fraudulently taken away from his account.
The Bank earlier on had issued a demand notice to Kiggundu requiring him to pay their loan of 39.7 billion shillings or to lose all the property he had mortgaged in bank, since the agreed period had already elapsed.