Simbamanyo Estates Limited and its proprietor Peter Kamya have appealed against the decision of the High Court’s Commercial Division on the sale of his multimillion property.
The court recently dismissed a case filed by the duo 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.
However, in their appeal, the duo represented by Muwema and Company Advocates contend that the abatement order of February 17 issued by the registrar Lillian Bucyana was premature and irregular and should therefore be set aside.
Abatement process is a pre-trial procedure that is only intended to expedite hearing of cases.
“If she had summoned the plaintiffs, she would have discovered that the plaintiffs’ actions were right because Meera Investments and the commissioner for lands had not yet served the plaintiffs’ counsel with their defences,” Kamya’s affidavit reads in part.
In her ruling on February 17, the registrar ordered that the suit dismissed because of failure by the Simbamanyo to take out summons for directions on time.
Simbamanyo and its proprietor, Peter Kamya however contend that the court registrar failed in her duty when she issued an abatement order without giving them a chance to explain why the summons to issue for guidelines were not issued as required by law.
The duo contends that it was irregular to abate the case in proceedings without hearing from them and now wants it overturned.
In October last year, Equity Bank sold Simbamanyo building on Lumumba Avenue to Meera Investments Limited and Afrique Suites on Mutungo Hill to Luwaluwa Investments after court cases in which Simbamanyo sought to block the sale arguing that the said loans advanced to him were illegal.