Troubled businessman, Architect Peter Kamya of Simbamanyo Estates has admitted having cheated court filing fees and rushed to court to pay UGX 81,750,000 as his court bid to win back two foreclosed properties- Simbamanyo House and AfriSuites Hotel.
Last week, we reported that Walusimbi & Co. Advocates, the lawyers representing Meera Investment Limited (MIL) the company that bought Simbamanyo House from Equity Bank had raised a red flag to court on the fact that Peter Kamya had cheated court on the filing fees.
“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= (Uganda Shillings One Hundred Million) for each suit, in view of the pleaded value of the subject matter being USD. 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. 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,” Walusimbi & Co Advocates, told the Court Registrar.
Failure to pay the appropriate filing fees can lead to a case being dismissed.
Peter Kamya admits cheating court fees, rushes to pay
On December 10th 2021 Byenkya Kihika & Co Advocates, Kamya’s new lawyers wrote to the Deputy Registrar, Commercial Court Division, High Court of Uganda informing him that following the whistleblower, a reassessment had been done and indeed a deficit identified.
“We are in receipt of a letter written by M/s Walusimbi & Co. Advocates, to the Deputy Registrar- Commercial Court on 30th November 2021, under Reference Number; P/L13/MIL/10/21, regarding payment of filing fees. Attached is a copy of the Letter marked A. As a result of the contents of the letter, our clients obtained a fresh assessment from the Cashier- Commercial Court for filing fees and the same was computed at UGX. 81,750,000/=,” Byenkya, Kihika & Co Advocates wrote on behalf of Kamya.
“The said money has since been paid by our clients as filing fees. Attached is a copy of the Payment Slip marked generated by the Commercial Court – Cashier, Receipt of payment from UBA Bank Uganda Limited and a General Receipt issued by court marked B, C and D. The purpose of this letter is to therefore pray that the file of HCCS No. 464 of 2021, be updated to reflect the filing fees of UGX. 81,750,0001=,” Byenkya, Kihika & Co Advocates.
Inside Uganda’s Property Market: Broll Uganda’s Moses Lutalo on Sector Realities and the Signals Investors Can’t IgnoreThe letter was copied to Walusimbi & Co. Advocates, Magna Advocates, Kakuru & Co. Advocates, Katende, Ssempebwa & Co. Advocates, OS Kagere & Co. Advocates, Muwema & Co. Advocates.
The admission by Kamya further dents his credibility.
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 Kamya rushed to court to ask the 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 another messed up land sale. Hon. Justice David Wangutusi ordered 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!
Even though Kamya has rushed to court to pay the UGX82 million that he had sidestepped the revelation that he had underpaid- could dent his credibility and further lessen his chances of ever recovering properties lost to Equity Bank over unpaid debts amounting to USD10 million.
