By Spy Uganda
Kampala: Recently city lawyer from Walusimbi & Co Advocates wrote to Deputy Registrar High Court of Uganda Commercial Division accusing ex Simbamanyo boss Peter Kamya of fraudulently filling court cases successfully without paying court filing fees.
”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,” lawyer opened Judiciary’s eyes in his letter.
The lawyer said that in both HCCS No. 837 of 2020 which was abated and in the current suit; HCCS No. 464 of 2021, the applicable filling fees was approximately Ug.Shs.100,000,000= (Uganda Shillings One Hundred Million) for each suit, in view of the pleaded value of the subject matter being USD. 23,000,000$.
However, according to the lawyer, 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 filling fees or at all,” adds the letter.
The lawyer further noted that in the current suit, HCCS 464/2021, the plaintiffs who are also the respondents in this application this time paid only a sum of Ug.Shs.1,000,00sh/= instead of the right filling fees.
Now, fearful of fresh court battles, troubled Kamya after landing on this lawyer’s letter rushed to Bank and cleared all the fees before praying to Court to update this case’s file.
Kamya’s letter ”apologetic” letter addressed to Deputy Registrar High Court of Uganda Commercial Division via his lawyers of Byenkya, Kihika & Company Advocates reads;
”We jointly act for Simbamanyo Estates Limited and Mr. Peter Kamya, the above plaintiffs and our clients herein, on whose instructions we wish to address you as follows:
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/1o/21, regarding payment of filing fees.
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/=.
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.81,750,000/=.”