Architect Peter Kamya’s chances of ever winning back his foreclosed Simbamanyo House appear to be getting dimmer and dimmer every day.
Hardly days after the proprietor of Simbamanyo Estates Limited appealed to court to reverse the foreclosure of Simbamanyo Estates and Afrique Suites Hotel, information has surfaced suggesting that he never paid appropriate legal fees in both the main case and the appeal.
Walusimbi & Co. Advocates, the lawyers representing Meera Investments in the multibillion property row have written to the Deputy Registrar of the High Court asking the court to examine allegations that Simbamanyo Estates and proprietor Peter Kamya never paid appropriate legal fees in a number of court matters surrounding the property.
If proven to be true, this will most likely result into early dismissal of Peter Kamya’s latest application to challenge the manner in which SImbamanya House and Afrique Suites were foreclosed on and subsequently sold to Meera Investments Ltd and Luwa Luwa Investments Limited by Equity Bank.
Should Kamya’s application face early dismissal, he will be immediately liable to pay UGX 1. 3 billion in legal costs to Equity Bank (UGX600 million); Meera Investments Limited (UGX300 million) and Luwaluwa Investments Limited (UGX300 million).
“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, dated November 30th and Ref: P/L13/MIL/10/21 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 USD23,000,000. 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 further 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.”
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“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 further reads.
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). But Kamywa rushed to court to ask court to reexamine the matter.
The matter is due for hearing on December 13th for hearing by Justice Stephen Mubiru.
Earlier on, attempts by Peter Kamya to drag the president into the matter, suffered a miscarriage after the president, following a briefing from the Central Bank and the Attorney General, advised the embattled architect and businessman to let justice take its natural cause.
Recently the troubled former Simbamanyo House owner, was ordered by the High Court, Commercial Division to pay over UGX2.9 billion over a messed up land sale.
Hon. Justice David Wangutusi ordered the Mr Kamya to refund UGX1.3 billion that he received for selling land that he later refused to transfer. The money is to be refunded with a 25% interest per annum since October 2016- an additional UGX1.6 billion!
