By Spy Uganda
Kampala: According to Walusimbi & Co Advocates, Simbamanyo and proprietor Peter Kamya have allegedly been 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’s letter to Deputy Registrar High Court of Uganda Commercial Division partially reads.
“Before your case is allowed to be successfully filed and put on court records, one has to bring proof of payment fees for filing. So this can only happen if it’s an inside job,” he said.
The lawyer says 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, the lawyer says according to records, in HCCCS 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 filling fees or at all,” adds letter.
Lawyer further notes 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.
”In the premises, we pray that you are pleased to bring this to the attention of the Learned Trial Judge so that verification of these issues touching the payment and or non-payment of 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 courts further action,” Lawyer says in the letter.