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    Why Ham Kiggundu Wants To Arrest Supreme Court Judgment In Battle With DTB Bank; Top Muslim Cleric  Warns Him On Why It Is Deadly To Drag M7 Family In His Battles…

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    Businessman Ham Kiggundu (L) and Imam Kasozi (R)

    Controversial city businessman Hamis Kiggundu through his lawyers led by Fred Muwema has based on the new evidence secured from Kenya central bank to arrest the Supreme Court judgment involving him and Diamond Trust bank.

    On Thursday this week, Supreme Court justice Elizabeth Musoke revealed that Chief Justice Owiny Dollo, who is the head of the panel of five justices informed her that Kiggundu’s judgment is set to be delivered on Wednesday next week.

    Kiggundu, the proprietor of Ham Enterprises Uganda Limited and Kiggs International Uganda Limited appealed to the Supreme Court against the Court of Appeal judgment which directed that his matter be referred back to the Commercial Division of the High Court and be heard by a different judge.

    Justice Peter Henry Adonyo declared that the actions involving DTB bank Kenya and DTB Uganda to deduct Shs120bn from Kiggundu’s bank accounts were illegal and ordered the bank to pay back the money.

    However, DTB bank successfully challenged the ruling at the Court of Appeal.

    After the DTB Bank win, Ham also ran to the Supreme Court to challenge the Court of Appeal ruling.

    In his appeal at the Supreme Court, Kiggundu accused the Court of Appeal justices led by Deputy Chief Justice Richard Butera of erring in law and fact when they avoided to adjudicate the substantial question of illegality which was the basis of the appeal.

    He further accused the justices of having erred in fact and law when they abandoned the grounds of appeal raised by the Respondents by irregularly introducing new grounds of the appeal that were not implicitly set out in the memorandum of appeal and thereby erroneously ordered for retrial.

    In his evidence to support his application to arrest Wednesday’s Supreme Court judgment, Kiggundu through his affidavit told court that he has discovered overwhelming evidence which is supporting his early application seeking to strike out the entire defense of the bank on the grounds of admitting that there was illegality when the said transaction was done.

    “I recently discovered through Edwin Lubanga, that the supreme court of Kenya did not grant the requisite approval under the law for the 2nd Respondent to enter into the disputed credit transaction which is the subject of the appeal.

    That the above information or evidence was not known or available to the applicants by the time of filling and hearing of the Civil appeal No 13/2021 as obtained from the said Edwin Lubanga on 8th of June 2023,” Kiggundu stated.

    He insisted that the said evidence is very relevant to the substantial question of the illegal conduct of the cross border financial institution business which DTB is subject to before entering any transaction.

    He added that his information is not only credible but also capable of having an influence on the decision or results of the appeal which will guide the proper legal and prudential regulations of the commercial banks in Uganda and beyond.

    He claims that the bank has failed to secure and obtain the regulatory approval from the Central Bank of Kenya to contract the disputed credit transaction with the assistance of the bank which affects the legality of the whole transaction which was carried out jointly with DTB bank Uganda as one transaction.

    However Kiggundu feared in his affidavit that the court may follow precedent and decline to hear his application because of the already available judgment on the appeal.

    “It is therefore crucial that this Honourable court be pleased to admit the above mentioned additional information or evidence as it may deem fit and also arrest its judgment due to be delivered on 13th June 2023,” Kiggundu stated.

    However, Justice Musoke told Muwema that the panel of the justices will deliver a judgment which will cover all his grievances and pleaded with him to be patient.

    Muwema was protesting the court’s actions to summon them for a pre-hearing session for their application.

    The judge declined to entertain their application based on the submissions of Edwin Karugire the bank’s lead lawyer that the said application was overtaken by events.

    There was a lot of druma in court as Kiggundu led his supporters to protest the decision of the court accusing Karugire and his K&K Advocates partner Kiryowa Kiwanuka (the Attorney General) of using their political and family offices to influence the court judgement.

    TOP MUSLIM CLERIC ADVISES KIGGUNDU

    However, seasoned Muslim cleric who is also a close friend to Kiggundu’s father Sheikh Imam Ibrahim Iddi Kasozi warned Kiggundu to stop dragging president Museveni’s family into his court troubles.

    “It was wrong for my son because his father is a friend of mine, to use the language he used in court on Thursday. He should get handlers to guide him otherwise he is likely to lose everything including his integrity,” Kasozi said.

    He advised Kiggundu to be very careful with people surrounding him who don’t advise him or guide him but only incite him to fight stupid wars because inside their mind they know very well that without rousing him to fight they will not get money from him.

    Sheikh Kasozi said that it was wrong for Kiggundu to attack the personalities of Kiwanuka and Karugire because whether he wants it or not they are still a big factor in Uganda’s legal system and they will also fight back by all means to protect their names and legacy.

    “What Kiggunda has to do now is to pray to his Allah who gave him the wisdom to make money. They have said a lot against him including allegations that the money is not his but even if it is true, he was given the opportunity to run the said businesses because of his wisdom,” he said.

    He pleaded with him to be strong and start up again even if it means investing outside the country, he will be successful because he is an inspiration to younger Muslims and Ugandans.

     

    By Sengooba Alirabaki

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    CELEBRITY GOSSIP

    Property Dealer Kamoga Survives Prison Over Fraudulent Multi Billion Land Deals…

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    Muhammad Kamoga the proprietor of Kamoga Property Consultants

    Muhammad Kamoga the proprietor of Kamoga Property Consultants situated along Entebbe Road has been charged before Entebbe Chief Magistrate Court and released on bail on the allegation of masterminding fraudulent multibillion land deals.

    According to the State, Kamoga was accused of fraudulently acquiring a prime piece of land measuring 200 acres in two villages in Katabi Town Council near Entebbe Municipality in Wakiso District.

    Before his arrest, State through the Deputy Director of Public Prosecutions, George William Byansi had directed Maj. Dr. Tom Magambo the Director of Police Criminal Investigations Directorate (CID)  to arrest Kamoga and present him before the Chief Magistrates Court at Entebbe.

    According to the charge sheet, Kamoga is facing charges of forgery, uttering a false document and obtaining registration by false pretense.

    It is alleged that on May 7, 2021 at Wakiso Lands office, Mr. Kamoga with intent to deceive forged a transfer form dated May 7 in respect to land on block 435 plot 8 purporting to have bought it from Bibangamba Peter which was false.

    State contends that Kamoga also forged a transfer form dated February 8, 2021 in respect to land on Block 435 in regard to 105 plots.

    The land broker is also accused of uttering a false document where it is alleged that he submitted the said forged documents to the Registrar of titles purporting it to be signed by Bibangamba whereas not.

    According to the state, Kamoga willfully procured for himself registration of disputed land under the registration of titles Act by falsely pretending that the same was transferred to him by Bibangamba.

    The charges result from complaints regarding four plots on land on Block 435 at Bukaaya Village in Katabi Town Council, Entebbe.

    Bibangamba is accusing Kamoga of subdividing his land into more than 100 plots and transferring them into his names and later on selling them off without his consent.

    “Charges of GEF 308/22 and CRB 556/2022 should be prepared as guided above and forwarded to Resident State Attorney (RSA) Entebbe for further action,” reads the document received at the CID on September 4.

    According to the complaint, in 2021, Bibangamba engaged Kamoga to recover his land from occupants who had become a big problem to him.

    It is alleged Bibangmba and Kamoga signed a Memorandum of Understanding accompanied by powers of attorney to enable the latter to execute the assignment.

    It is alleged that Kamoga held meetings with squatters, opened boundaries of the land and negotiated with some of them and even took one of them, J.P Cuttings to Bibangamba and sale was concluded.

    “However, thereafter Kamoga proceeded and subdivided the entire land into several small plots and transferred most of them into his own names and then sold them  without the knowledge or consent of the complainant or the affected occupants”  Bibangamba states.

    Efforts to get Kamoga were futile as his known telephone number was switched off.

     

    By Grapevine Reporters

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    MY MONEY

    NCBA Bank In Spotlight Over Fraudulent Advert With Intent To ‘Deal’ Top Lawyer’s Multi-Million-Shilling Property…

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    NCBA MD Mark Anthony (R) and a copy of Tibeingana's letter to the bank

    A city lawyer and property mogul has accused NCBA Uganda of trying to defraud him of value by selling his prime property in Kampala by employing underhand methods

    Deox Tibeingana, also a property developer, accuses NCBA Bank Uganda of trying to sell off his property by maliciously advertising the same.  He says that in doing so, they are trying to actualize a fraud.

    On Monday, September 25, 2023, the bank advertised the lawyer’s property in Mbuya for sale in the Daily Monitor, with a call to the occupants to vacate. He attached a letter from the bank granting him 30 days extension from 16th September 2023 but even before the lapse of the days given, the bank was advertising. This obviously means his efforts are now useless.

    For Tibeingana, it raised a red flag.

    “They put up a notice for ‘occupants’ to vacate property knowing that I voluntarily vacated the property under the false presumption that they (the bank) would respect common sense and sell the property by private treaty,” he says.

    Tibeingana reveals that by going ahead to advertise, NCBA bank was cementing its reputation as a financial institution that thrives on other people’s misfortune.

    Tibeingana, who had a financial obligation with the bank, said he approached the bank, when it was still being headed by Mr. Anthony Ndegwa, with proposals on how he could pay part of the loan to a tune of UGX 1 billion.  However, they were unrelenting and he flew to Nairobi at the bank’s head office where he got positive feedback.

    “In Nairobi, they accepted my proposal to sell off the Estates in Kireka to pay off the principal. However, what followed was the most unprofessional and childish display of personal vendetta from the bank. They said that since I had gone to Nairobi, they would frustrate me and refused to accept an immediate part payment of UGX 670m insisting I must pay UGX 1 billion in one lumpsum,” he says.

    Part of lawyer Tibeingana’s letter to NCBA

    According to Tibeingana, it went on for one year with interest accumulating at 36%. Eventually, after frustrating me, the Managing Director called to say he was going to sell off the property in piece meal and had buyers. They became the brokers for my properties and were negotiating with clients to pay them inducements on the side and sold all the property that way.

    Tibeingana also accuses the then MD of meeting up with his (Tibeingana’s) business rival, a notable loan shark, at a Golf Course Hotel, and devising means to frustrate him.

    “I engaged lawyers (Kyazze & Kyankaka advocates), after I got wind of the MD’s meeting with the loan shark. They put it to him that since I had constructed the apartments and had shown steps to create value and pay the bank, their scheme was bound to fail,” he says.

    He recalls that in 2020, he requested the bank to release to its lawyers the land title for plot 8A Mbuya Road so he could create condominium titles to sell the houses he had constructed and pay the bank.  They refused his request for 6 months while his account ran on penal interest.

    According to Tibeingana, the bank eventually relented but he had to first raise 10% of the agreed sum before he could get the title. After depositing UGX 250M, the title was released and the condos created.  “I was able to pay the bank UGX2.5Billion in 30 days after selling 5 of the 43 condos that were created.  Upon payment of these monies, It was another battle to get my titles released as management was “too busy” to sign all the 38 mortgage releases,” he narrates.

    Tibeingana recalls that on two separate occasions, officials from the bank approached him proposing a gentleman’s agreement to sign sham mortgage documents of UGX 3.88bn and UGX 3.97bn in a period of 3 days to fool BOU auditors. He further narrates that “…I was shocked to later learn that these too had been registered against my properties as legal charges. It was against that fact that I filed a suit to challenge the thuggery of the bank,” he says.

    He reveals that out of the UGX3.5b lent to him by the bank, he has so far paid back more than UGX7.5b, but the bank now claims they are still demanding UGX 1.6bn.

    “We reached an agreement and I vacated the building so that the bank could tour prospective buyers after they declined my offer to participate in disposal of the property. Hardly a week has passed and the bank is keeping with its culture of advertising a property under a mortgage Act, whereas the agreement was a gentleman’s deed to sell under the insolvency act by all players,” he says.

     

    By Grapevine Reporter

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    MY MONEY

    How Bad Economy, Politics Forced Monitor Publications MD Glencross To Seek Early Retirement, New Vision’s Don Wanyama Warns Shareholders…

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    NMG Managing Director Tony Glencross

    Professor Samuel Sejjaaka, the chairman Board of Directors Nation Media Group (NGM), the publishers of Daily monitor newspaper revealed that the search for the company’s Managing Director has kicked off after Tony Glencross tendered in his early retirement prayer and it was allowed.

    In the Statement, Sejjaaka stated that effective from 31st December, 2023, Glencross will be officially retiring and as per now, the board is undertaking a competitive recruitment process to identify a suitable replacement.

    South African born Glencross joined Monitor Publication in 2015 and has spearheaded its transformation from print media company to a multimedia company.

    Highly placed sources at Nation Media told theGrapevine that politics and the bad economy forced Glenscross, a former Commercial Officer at Vission Group, to retire. A source said that the company has failed to recover from the economic shock that many companies are currently suffering from as a result of the Covid-19 long lockdowns and the Russia-Ukraine war.

    The monitor paper circulation has since declined because the pockets of most readers are yawning due to the bad economy.

    There is also the issue of bad politics. Insiders allege that Glencross has been working under pressure especially from top government officials who are always attacking the company for working against the government.

    On several occasions, President Yoweri Kaguta Museveni declared Monitor a ‘bad paper’ to the extent of suing the publication over defamation.

    In Monitor’s legal battle with Museveni, Justice Musa Ssekaana of the Civil Division of the High Court ordered them to pay Shs300m as damages to the President.

    Museveni always alleges that Monitor publication is working for bad foreign agents.

    A source at Monitor further revealed that the newspaper’s private advertisement has dropped yet government is also taking long to pay for their adverts.

    Glencross’ early retirement comes days after New Vision Managing Director Don Wanyama warned the company’s current and prospective shareholders of an impending loss for the year 2022/2023.

    Wanyama based his announcement on the “preliminary assessment” of the company’s performance by the Board of Directors, which is expected to return a loss for the year.

    He explained that the company’s bad performance is as a result of the recent price hikes of inputs like; newsprint and other raw material inputs resulting from global supply chain disruptions.

    He added that the company’s revenues are dominated by printing which accounts for almost half, followed by broadcasting (radio and television) outlets, commercial printing and others.

    “The main contributor to this performance is the challenging business environment due to slow business recovery from the COVID-19 impact on newspaper sales and advertising revenue spent across the different platforms,”  Wanyama stated.

    Highly placed sources at both Monitor and New Vision intimated to theGrapevine that plans are underway to cut on the number of staff and costs of operations.

     

    By Sengooba Alirabaki

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