|Written By James Muhindo, Esq.
In order for one to understand the rationale behind the court decision in the Hamis Kiggundu Versus Diamond Trust Bank Uganda & Kenya (Ham Vs DTB) case, we have to go back four decades, to when the rule on courts not entertaining illegalities was set. The rule avers that “an illegality once brought to the attention of court cannot be allowed to stand.”
On 13th of December 1978, a company called Makula International Ltd filed a case against two respondents, His Eminence Cardinal Nsubuga and Rev. Dr. Father Kyeyune, each in their representative capacity. On the same day, the company also filed an application asking for permission of the court to sue the respondents in their representative capacity, as it is a legal requirement that before you sue a person in their representative capacity, you must seek first the permission of court. Read full article