Turning into an electronic fraud case, Ham’s DTB case has once again escalated swallowing the Aga Khan Founder and Chairman, and more three (3) Diamond Trust Bank Officers in the new criminal summons issued by the Buganda Road Magistrate Court as of 13th September 2021.
Those summoned include; Prince Karim, Nassim Muhamed Devji- Group Chief Executive Officer and Managing Director Kenya, Varghesi Thambi- Chief Executive Officer DTB Uganda, and John Sitakange- Head of Credit DTB Uganda are accused of illegal and irregular transactions from Hamis Kiggunda’s bank accounts in the said Bank.
“WHEREAS your attendance is necessary in Court to answer charges of theft contrary to Section 254 of the Penal Code Act Cap 120, making false entries in financial institution Act, 2004, electronic fraud contrary to Section 19 of the Computer Misuse Act, uttering false documents contrary to Section 351 of the Penal Code Act Cap 120 and conspiracy to commit a felony contrary to section 390 of the Penal Code Act Cap 120,” the summons read in parts.
The four are on 28th September 2021 directed to appear before Buganda Road Magistrate’s court to answer the said cases.
According to the affidavit, the top bank managers administered illegal and unlawful transactions of Shs 34,295,951,553 and $23,467,670 from Ham’s bank accounts.
“The above persons who are the directing mind of the bank had knowledge of illegal transactions and they bear criminal liability for the approval and concurrence in committing the deception and fraud on the complainant’s accounts,” reads in part of the affidavit.
According to a local website, Kiggundu sought and offered $4,014,444 and $6,974,600 loans by DTB Kenya for the construction of commercial properties. To secure the loan Kiggundu mortgaged Kyadondo Block 248, Plot 328 land at Kawuku, FRV 1533, Folio 3, Plot 36-38, Victoria Crescent II Kyadondo and LRV 3176 Folio 10, Plot 923, and Block 9 located at Makerere Hill Road in February 2011 and August 2018.
DTB Kenya contacted DTB Uganda to collect a loan facility from the businessman. However, DTB-Uganda insisted that it did not act as an agent of DTB-Kenya to conduct business in Uganda, but only sought its services as a collection agent for it to receive its payments from Ham Enterprises Limited.
In March last year, Ham dragged both banks to court for siphoning over Shs120 billion from his accounts without his consent. He also wanted the court to declare that the bank’s demand for $4,014,444 and $6,974,600, which was advanced to him by DTB-Kenya, is illegal and unenforceable because the Kenyan bank had no license to carry out financial business in Uganda.
Earlier on, the commercial court had ordered Diamond Trust Bank Uganda and Kenya to refund more than 120 billion shillings to Hamis Kiggundu. However, this decision was nullified by the Court of Appeal.
The initial decision was passed by Judge Henry Peter Adonyo, however, in the 5th May court of appeal ruling by Deputy Chief Justice Richard Buteera, Kenneth Kakuru, and Christopher Izama Madrame, the decision was declared void and for the case to be tried before another judge.
In the case, Hamis Kiggundu had accused the banks’ Uganda and Kenya accounts of withdrawing money from his accounts without his consent, and the first judge, Adonyo had dismissed the bank’s defence asking them to refund the client right away.
The bank then sought a second judgment from the court of the appeal to which the initial judgment was nullified and a new judge to handle the matter was recommended since the first judgment was made basing on only the accounts of one of the parties.
Concerning this, Hamis Kiggundu through his lawyers Muwema and Company advocates decided to file for an appeal again the court of appeal ruling as they realized a notice reading;
“Take notice that Ham Enterprises Limited and two others, being dissatisfied with the decision of Honorable Justice Christopher Madrama, Honorable Justice Kenneth Kakuru, and Honorable Justice Richard Buteera given at Kampala on May 5th, 2021 intend to appeal to the Supreme Court against the whole decision.”
