Ham petitions Judicial Service Commission over Principal Judges conduct in his case against DTB
..The actions of the principal judge not only have compromised the independence of the Judiciary but have equally seen him betray his oath to uphold justice, promote democratic principles, uphold the rule of law and safeguard the constitution..
Following Justice Zeija’s order issued on Tuesday blocking the execution of Commercial Court orders in which DTB was ordered to refund Shs34 billion and $23.2m (about Shs86 billion) which they reportedly deducted from Ham Enterprises’ accounts, Ham through his lawyers have petitioned The Judicial Service Commission (JSC) to prove the conduct of the Principal Judge.
In a letter written to the Chairman, JSC, Kuggundu on 15th October 2020, Ham wants the recuse himself from any legal proceedings in regard to the case and also wants the commission to investigate the matter.
“In conclusion, we request the commission to investigate the matter under article 147 of the constitution and section 27 of the Judicial service act together with the judicial service (complaints and disciplinary Proceedings) Regulation 2005. As there are several people with similar complaints,” part of Ham’s petition reads.
Ham said that the principal judge’s interest in his case is suspicious as he (Zeija) kept recalling his file in circumstances that were neither justified or in line with the ordinarily expected course of events thus interfering with the hearing of the case.
“We run to courts of law where we expect to receive justice, however, to our dismay, we have been turned into victims in this temple of justice through the unfair biased actions of the Principal Judge,” partly reads the letter
Ham added that the way Flavian is handling his file is a “judicial misconduct” because of his unfair biased actions towards the businessman as he favours the bank.
“Since he is a former Banker, having served at Finca Uganda and Tropical Bank of Africa; his loyalty is inclined towards supporting banks against clients in courts of law taking advantage of his superior high-ranking position in the Judiciary. This is evident from his misconduct with our file right from the start when we filed the plaint where on various occasions, to mention but a few very significant ones,” he said
He said that “Without notice, he summoned the file when it was before the deputy registrar, Her Worship Dr. Agnes Nkonge, giving it direction in regard to our application for an injunction against the bank. As a fact, the final Extracted Order Subjecting us to a condition of paying 30% we received was divergent from the hearing proceedings before her worship and this left doubt in our minds to date”
He further summoned the deputy registrar, her worship Dr. Agnes Nkonge during the handling of Miscellaneous Application No. 34 of 2020 with knowledge of the defendants but without any notification to we the plaintiffs or our lawyers.”
Ham reasons that the actions of the principal judge not only have compromised the independence of the Judiciary but have equally seen him betray his oath to uphold justice, promote democratic principles, uphold the rule of law and safeguard the constitution through protection of human rights for all citizens of Uganda.