Simbamanyo Estates Limited and its proprietor Peter Kamya’s hopes of repossessing their Simbamanyo House have faded after their suit against Equity Bank Limited, Meera Investments Limited, Luwalulwa Limited and the Commissioner Land Registration has been dismissed for failure to take out summons for directions in time.
Simbamanyo House, located on Lumumba Avenue was purchased by Meera Investments Ltd of tycoon Sudhir Ruparelia for a fee of Shs3Shs18.5bn in October 2020, after it was put up for sale by auction by Equity Bank to recover loans advanced to the owners.
Simbamanyo ran to court in a bid to have the sale reversed.
Representing the second defendant Meera Investments who now own Simbamanyo House, Walusimbi & Co. Advocates wrote to the Deputy Registrar of the High Court praying that the suit abates since the plaintiffs did not take out summons for direction in the stipulated time.
“The last written statement of defence was filed in November 2020. The pleadings have been closed in accordance with Order 8 Rule 18(5) of the Civil Procedure Rules S.1 No.71-1. In accordance with Order XIA Rule 1(6) of the Civil Procedure Rules S.1 No. 71-1, as amended, this suit has abated since the plaintiff did not take out summons for directions within the statutory time,” Walusimbi & Co. Advocates wrote.
In her ruling on February 17, Her Worship Lillian Bucyana ordered that the suit abates for failure to take out summons for directions on time.
Simbamanyo Estates last year filed and lost an application to stop the sale of its properties including Simbamanyo House and Afrique Suites.
The properties were guaranteed to Equity Bank Uganda as security to get the loan in November 2017.