In an attempt to regain a multibillion building- Simbamanyo House- located in the heart of Kampala City which Equity Bank sold legally after the owner Peter Kamya failed to service his credit facility, it has since imaged that Kamya together with his lawyers filed multiple cases but failed to pay filing fees.
In short, Kamya and his legal counsels defrauded Court which they had run to seeking justice.
It is against that that backdrop that Walusimbi & Co. Advocates, the lawyers representing Meera Investments have lodged an application to Deputy Registrar of the High Court seeking indulgence in the matter.
HCCS No. 837 of 2020 was abated and in the current suit, HCCS No. 464 of 2021 in which the right court fees were UGX.100,000,000, Simbamanyo only paid UGX.37,000,000, keeping in mind that the value of the subject matter in the suit was USD.23,000,000.
Even the endorsement stamp on the plaint was not backed by the actual payment of UGX.100,000,000 which is a necessity.
“One of the issues arising therein is that the plaintiffs in the head suit have continuously filed multiple and incessant suits touching the same subject matter while evading payment of the right court filing fees,” the legal document read.
“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.37,000,00/= as the court filing fees whereas not. The endorsement stamp on the plaint is not backed up by actual payment of the right court filling fees or at all,” the document further reads.
According to Walusimbi & Co. Advocates, Simbamanyo Estates Limited, the Respondents, have failed to pay the full and rightful filling fees only managing to pay Ug. Shs.1,000,000.
“In the current suit, HCCS 464/2021, we are also aware that the plaintiffs who are also the respondents in this application this time paid only a sum of Ug.Shs.1,000,000/= instead of the right filling fees,” reads the document.
Prior to the hearing of the application in the courts of law, Walusimbi & Co. Advocates prays that the Deputy Registrar of the High Court brings the issue to the attention of the Learned Trial Judge so as to verify the issue concerning the payment and or non-payment of court fees. Presentation of the receipts by the accounts section is also required to be done prior to the hearing of the application.
All this is necessary to facilitate the efficiency of the legal process with rapidity of accomplishment.