City lawyers from Walusimbi & Co. Advocates, who also double as representative of Meera Investments in the property row between Equity Bank and Architect Peter Kamya of Simbamanyo Estates after have petitioned the High Court seeking an audit of the court filing fees, indicating that the embattled businessman has repeatedly defaulted fees.
“The plaintiffs have continuously filed multiple and incessant suits touching the same subject matter while evading payment of the right Court filing fees,” reads the petition.
“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 Shs100 million for each suit, given the pleaded value of the subject matter being $23 million. 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 Shs37,000,000/= 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 August 2012, Equity Bank Uganda and Equity Bank Kenya extended a loan worth $10 million to Simbamanyo to finance the construction of a hotel in Luzira and also to take over Kamya’s prior loan from Shelter Afrique. The funds came from both Equity Kenya and Uganda.
Kamya continued to receive money from the rent payments but did not remit any for his loan obligations.
Equity Bank Uganda Limited began foreclosure proceedings against Simbamanyo to recover the outstanding loan.
The bank seized Simbamanyo House and Afrique Suites Hotel on Mutungo Hill in Kampala last year after the city tycoon Peter Kamya and his Simbamanyo Estates failed to clear loans to a tune of $10.8m (about Shs40 billion).
The lawyers further 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 Shs1,000,000 instead of the right filing fees.”
The High Court recently ruled that Kamya should pay a total of Shs1.3 billion 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.