By Admin
KAMPALA
“Learned Justices of Appeal erred in law and fact when they failed to properly evaluate the evidence before them and make a just determination”said Muwema. Some of the errors they made include; Relying on technicalities to avoid giving substantive justice to the Applicants.
The learned Justices of Appeal erred in law and fact when they failed to appreciate the principles of natural justice and fair hearing
The learned Justices of Appeal erred in law and fact when they failed to take into account the admission of illegalities by Diamond Trust Bank (U) Ltd as per their pleadings
The learned Justices of Appeal erred in law and fact when they failed to consider the legal implications of the admission of illegalities by the Respondent .The learned Justices of Appeal erred when they failed to direct that the matter be remitted back to the High Court for retrial.
The Ham enterprises represented by their advocate said they filed a separate application seeking judgement on admission on the basis of Diamond Trust Bank (U) Ltd’s admission of illegalities in the disputed credit transactions but despite the clear and overwhelming evidence of illegality committed by Diamond Trust Bank (U) Ltd, the High Court and Court of Appeal failed to give substantive justice to them.
The Applicants are invoking their constitutional right to a fair hearing and are seeking the court’s intervention to ensure that justice is done in this matter.
The applicants demand that the scheduled judgement in Supreme Court Civil Appeal No 13/2021 should not be delivered until the applications for judgement on admission and leave to adduce additional evidence have been heard and determined.
In view of the above, Ham Enterprises is seeking the court’s urgent intervention to ensure that justice is served in this matter and that their constitutional rights are protected. They are confident that the court will see the merit in their application and deliver a just and fair judgement.
