By Our Reporter
The High Court Commercial Division on February 19th, 2021 dismissed the suit by Simbamanyo Estates Limited in which city architect Peter Kamya, through his lawyers of Muwema & Co. Advocates, accuses Equity Bank of allegedly colluding with other people to sell his properties to Sudhir Ruparelia’s Meera Investments and Ronald Luwangula’s Luwaluwa Investments respectively.
The ruling was made by High Court Deputy Registrar Her Worship, Lillian Bucyana, in the absence of the plaintiffs, Simbamanyo and or their lawyers. Ms Bucyana, on Wednesday February 17th, 2021 issued an ex-parte ruling/order that the “suit is abated for failure to take out summons in time”.
It should be noted that Ms Bucyana had on February 10th, 2021, just a week prior to her ruling, personally issued a temporary injunction against Equity Bank, Meera Investments and Luwaluwa Investments to desist from selling, mortgaging or by whatever means alienating the suit properties owned by architect Peter Kamya under Simbamanyo Estates, until the main suit that was filed in court pertaining to the same is disposed of.
Furthermore, Kamya the proprietor of Simbamanyo Estates, through his lawyers of Wameli & Co. Advocates, had filed an appeal against the same order and needed a reply.
However, in a strange twist of events, she has now ordered that the suit is abated for failure to take out summons in time without giving notice of resumption of the trial to the parties and before the determination of the appeal.
“This conflict, in my view, constitutes a sufficient cause for reinstating the suit,” said Mr. Geoffrey Turyamusiima of Wameli & Co. Advocates. “Article 126 (2) (a) (b) (c) (d) (e) orders courts to ensure that justice is done to all irrespective of their social or economic status and that substantive justice shall be administered without undue regard to technicalities.”
It is further mentioned that Simbamanyo intended to appeal against the order but could not extract it. It was not until after two months after the Deputy Registrar had made the ruling that she begrudgingly signed the order on February 10th, 2021 after Simbamanyo lawyers incessantly probed her intentions.
Meera Investments thereafter applied on February 12th, 2021 for the suit to be abated on a time-based technicality as the registrar’s deliberate and mischievous actions of refusing to endorse the order had locked the applicant, Simbamanyo, from timely applications and filings.
When Meera Investments extracted an order for abatement of the Suit, the order was hurriedly signed ex parte by the same Deputy Registrar, Bucyana on February 15th, 2021, just two days later to fast track the misfeasance and alter the status quo of the registration of the suit premises so as to frustrate the plaintiff, Simbamanyo’s claims.
However, architect Kamya, who has received and enjoyed overwhelming local support and phone calls from the public and well-wishers, is not about to give up.
“We have the opportunity to reinstate the suit and are confident that the authorities of the judicial system will see that justice is not only done but is seen to be done, despite the mischievous actions of the Deputy Registrar and her accomplices Meera Investments,” said Kamya.
