Walusimbi & Co. Advocates, the lawyers representing Meera Investments in the property row between businessman Peter Kamya of Simbamanyo Estates on one hand and Equity Bank, property tycoon Sudhir Ruparelia’s Meera Investments and Luwaluwa Investments have written to the Deputy Registrar of the High Court indicating that Kamya has been fraudulently filing endless court cases without paying the court filing 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 letter reads in part.
“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 actual payment of the right court filing fees or at all,” the letter reads.
“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.”
Court recently ruled that Kamya should pay a total of Shs1.3bn as legal costs to Equity Bank (Shs600m), Meera Investments (Shs400m) and Luwaluwa Investments (Shs300m). Kamya is again seeking legal redress over a matter that was deemed closed.
Following Kamya’s application, December 13 has been fixed for hearing for dismissal of the case before Justice Stephen Mubiru.
The lawyers beseeched the registrar to bring the matter of filing fees to the attention of trial judge.
“In the premises, we pray that you be pleased to bring this to the attention of the Learned Trial Judge so that a verification of these issues touching the payment and or non-payment of the Court fees and presentation of the receipts by the accounts section is done prior to the hearing of this application so as to facilitate the expeditious disposal of the application and for the courts for further action,” the letter dated December 2 reads.
After losing the court cases challenging Equity Bank’s sale of his Simbamanyo House to Meera Investments and Afrique Suites to Luwaluwa Investments, Kamya reached out to President Yoweri Museveni who wrote back and advised him to seek court intervention as information available to him was that the sale was done within the law.
Simbamanyo House has since been renamed Gender and Labour House.
