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 deducting 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 in vain.
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 adjourning 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, Kiggundu claims the bank recovered Shs 39bn loan from his dollar and shilling accounts and would therefore not pay any more money.
DTB said Ham Enterprises Ltd, a longtime customer of the bank and some of their related entities borrowed money from the bank which they failed to repay.
The bank then commenced a recovery process together with the customer who made proposals on how to setttle the account which were agreed upon.
“However, Ham Enterprises Ltd then filed a suit in court against the Bank with the untrue claim that the bank never disbursed loans to them among other entities,” said the bank in a recent statement.
DTB filed a defence in turn, promising to present the evidence in court.