City tycoon Hamis Kiggundu has dragged principal Judge Justice Flavian Zeijja to Chief justice Alphonse Owiny Dollo over conflict of interest in his case.
Through his lawyer Fred Muwema ,Ham complained to the Justice Alphonse Owiny Dollo that the principal Judge issued an injunction halting the execution of the orders of the Commercial Court in which Diamond Trust Bank was instructed to refund shs120 billion to Ham Enterprises.
The lawyers say they received an interim order and filed a affidavit in reply to the said interim order application and attended the commercial court for hearing of the matter.
However, the hearing of the appeal did not taken place, they were later informed the Principal Judge had called for the case file, adding that they have not been served with any official correspondence regarding the matter.
“Whereas the Hon. Principal as the head of the High Court can call for any file in the High Court pursuant to his administrative functions under Article 141 of the Constitution, those powers cannot be understood to extend to the exhibition of continuous interest in one particular file, to the extent of calling of it and interfering with its hearing whenever any proceeding in the case upsets or is likely to upset the defendants,” Muwema said.
Ham’s lawyers say the Principal Judge has on several occasions called for the case file under unclear circumstances that are neither justified or in line with the ordinary expected course of events in the file, a matter they say has not augured well with their client.
The lawyers say they are concerned over the flippant movement of the case file in a manner which they say appears to hijack the judicial process.
“We question why the Principal Judge who is not an allocate judge sitting in the judgment of our client’s case should take away our client’s file at a time when the defendants are seeking an interim order to stay execution of orders he neither issued nor can stay in law,” Muwema says.
“It is for the above reasons that we seek and request for your urgent intervention as head of the judiciary in Uganda to issue such orders and directions necessary for the proper and efficient management of our clients case as you may please.”the lawyers added.