Commercial Court Judge Henry Peter Adonyo has, for the second time, ordered lawyers representing businessman Hamis Kiggundu and Diamond Trust Bank (DTB), to meet and thereafter present to court the outcomes of their scheduled memorandum as required by the law not later than today.
This followed the failure of both parties to present agreed facts in court as earlier ordered by court before the commencement of hearing of the case.
Appearing before court on Monday morning, Ham’s Lawyer Fred Muwema informed the judge that they have not been successful in agreeing on all aspects of joint scheduling memorandum.
He pointed out that they didn’t agree because they have different opinions on a number of issues.
“They served us the bank statements on Friday which I saw on Saturday. The accountants spent a lot of time analyzing these documents,” Muwema argued.
Muwema added that according to the defendant’s side, meeting meant bridging the gap, the matter which has to be decided over by court.
In response to this, Counsel Kiryowa Kiwanuka reported to the trial judge that they have done whatever is possible to engage their plaintiff’s side but they have not been successful.
“We had agreed to meet on Sunday but later on counsel responded that since we have some areas of divergence there is no need to meet,” Kiwanuka stated.
The judge, therefore, based on the rules governing proceedings of the court and ordered them to meet and present the outcomes in court today for court to be able to proceed with the matter.
Adonyo clarified that during this stage, it’s not a must that they have to agree on everything but on some essential facts.
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 is alleged to have been fraudulently taken away from his account.
The Bank earlier on 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 the bank since the agreed period had already elapsed.
