Court has dismissed a case filed by Simbamanyo Estates Limited and its proprietor Peter Kamya against Equity Bank Limited, Meera Investments Limited, Luwalulwa Limited and the Commissioner Land Registration.
The case, filed last year was dismissed on technical grounds after Simbamanyo Estates and Kamya failed to serve the summons in time.
The case stemmed from the Shs 18.5 billion purchase of Simbamanyo House, located on Lumumba Avenue by Meera Investments Ltd owned by Sudhir Ruparelia in October last year.
The building had been put up on sale by Equity Bank to recover loans advanced to the owners. Simbamanyo Estates lodged a case in court contesting the sale
Meera Investments’ lawyers, Walusimbi and Company Advocates had written to the Deputy Registrar of the High Court arguing that the suit be dismissed since since the plaintiffs did not take out summons for direction in the stipulated time.
“The last written statement of defence was filed in November 2020. The pleadings have been closed in accordance with Order 8 Rule 18(5) of the Civil Procedure Rules S.1 No.71-1. In accordance with Order XIA Rule 1(6) of the Civil Procedure Rules S.1 No. 71-1, as amended, this suit has abated since the plaintiff did not take out summons for directions within the statutory time,” the lawyers
In her ruling on February 17, Justice Lillian Bucyana ordered that the suit is dismissed because of failure by the plaintiffs to take out summons for directions on time.