KAMPALA – City attorneys Walusimbi & Co. Advocates, the lawyers representing Meera Investments in the property row between Equity Bank and Architect Peter Kamya who Simbamanyo Estates after default on a loan have petitioned the High Court seeking an audit of the court fees filing record, indicating that the embattled businessman has repeatedly defaulted his obligations for the due fees.
“The plaintiffs (Peter Kamya and Simbamanyo Estates) have continuously filed multiple and incessant suits touching the same subject matter while evading payment of the right Court filing fees,” the lawyers wrote.
“We are aware that in both HCCS No. 837 of 2020, which was abated and in the current suit, HCCS No. 464 of 2021, the applicable filing fees was approximately UGX100,000,000/= for each suit, in view of the pleaded value of the subject matter being $23,000,000. However, the record indicates that in HCCS No. 837 of 2020, the Plaintiffs therein who are also the Respondents in the above application purportedly paid UGX 37,000,000/= as the court filing fees whereas not. The endorsement stamp on the plaint is not backed up by the actual payment of the right court filing fees or at all,” the letter reads.
Mr. Kamya’s Simbamanyo House was in October 2020, sold to tycoon Sudhir Ruparelia’s Meera Investments at UGX 18.5 billion while his Afrique Suites was sold to Luwaluwa Investments.
He sought to reverse the bank takeover of the assets and later the sale by petitioning Court in various suits but lost both in the High Court and Court of Appeal.
After losing a Court Appeal application that tried to reverse the sale of Simbamanyo House and Afrique Suites, Mr. Kamya then sought the intervention of President Museveni, who in September wrote to both Governor Emmanuel Tumusiime Mutebile and Attorney General Kiryowa Kiwanuka for advice.
Both officials advised the President against such an intervention. Mr Museveni last month advised Mr. Kamya to seek court redress.
An internal report of the Bank of Uganda to President Museveni shed light on the events tracing the auction and sale of Simbamanyo House and Afrique Suites — both properties of city businessman Peter Kamya — by the Equity Bank and flagged the transaction fair and done under the law.
In their letter, the lawyers wrote;
“In the current suit, HCCS 464/2021, we are also aware that the plaintiffs who are also the Respondents in the application this time paid only a sum of UGX1,000,000 instead of the right filing fees.”
The High Court recently ruled that Mr. Kamya should pay a total of Shs1.3bn as legal costs to Equity Bank (Shs600m), Meera Investments (Shs400m) and Luwaluwa Investments (Shs300m).
Mr. Kamya is again seeking legal redress over a matter that was deemed closed.
Discussion about this post