By Ruth Anderah
City businessman Hamis Kiggundu has filed a notice of appeal challenging the Court of Appeal decision that ordered a retrial of a Shs120bn compensation case between him and Diamond Trust Bank.
On May 5th, the Court of Appeal ruled that Kiggundu was wrongly awarded by the Commercial Court in October 2020.
The three Justices; Deputy Chief Justice Richard Buteera, Kenneth Kakuru and Christopher Izama Madrama faulted Commercial Court Judge Henry Peter Adonyo for failing to hear and determine the case on its merit but rather decided it basing on a mere point of law.
According to the Court of Appeal, the principle that was applied by Justice Adonyo to arrive at the said award was only applicable in circumstances where a defendant fails to file a defence.
However, court heard that there were written statements of defence that the judge never examined before determining the Shs120bn award to Kiggundu and ordered that the case goes back before another Commercial Court Judge for a retrial and also ordered Kiggundu to pay costs of the appeal to the two banks which were being represented by lawyer Kiryowa Kiwanuka.
The orders arise from an appeal filed by DTB Kenya and DTB Uganda challenging the compensation order saying the judge never addressed his mind on the evidence on record relating to breach of contract, fraud and statutory issues.
