DPP recalls file for Simbamanyo case

The Directorate of Public Prosecutions (DPP) has recalled a case file in which two buyers of prime property which formerly belonged to Simbamanyo Estates Ltd and the bank are facing criminal offences.

In October last year, Equity Bank sold Simbamanyo building on Lumumba Avenue to Meera Investments and Afrique Suites Ltd at Mutungo Hill, Nakawa Division, to Luwaluwa Investments Ltd, a real estate firm.
The bank sold the property to recover outstanding loans worth $10.8 million (about Shs40 billion).

The proprietor of Simbamanyo Estates Ltd, Mr Peter Kamya, filed criminal charges against Mr Ronald Luwangula of Luwaluwa Investments Ltd, the proprietor of Meera Investments Ltd Sudhir Ruparelira, officials of Equity Bank, and lawyers of Katende Sempebwa Advocates.

The alleged offences are forgery, criminal trespass and fraudulent disposal of mortgaged property.
In an April 8 letter to the regional assistant DPP of Nakawa, Ms Betty Khisa, the principal assistant DPP in charge of complaints management, said: “A complaint has been received in respect to the above case.”
“Have the file submitted for our perusal,” reads part of the letter.

The DPP’s letter followed a February 11 complaint in which Mr Kamya protested that he was denied justice in the case after his filed was closed amid ongoing investigations.

“Surprisingly before the suspects went to write their statements at the police, the Nakawa regional prosecutor called for the file and closed it. The police had summoned the suspects to write their statements on January 6. But Nakawa regional prosecutor closed my file on December 28, 2020, before the suspects reported to record their statements,” Mr Kamya wrote.

He asked the DPP to have his file recalled from police for proper direction of the investigations.
In a January 12 letter, Ms Khisa had asked Mr Kamya to pursue civil processes.
“…We shall not be calling for the file,” wrote Ms Khisa in response to Mr Kamya’s complaint through his lawyers.

Earlier on Mr Kamya’s lawyers had complained against the decision by the Resident State Attorney (RSA) at Nakawa to close the file reasoning that it was in its infancy stage.
In a December 29, 2020, letter to Kampala East Regional Criminal Investigations officers, the Nakawa RSA, Ms Rose Tumuheise, also reasoned that the transactions between Mr Kamya and Equity Bank are contractual.

She wrote that contractual issues are civil in nature which should be resolved in a civil case in the High Court.
In the January 4 letter to the managing director of Luwaluwa Investments Ltd, Kampala East Regional Criminal Investigations officer, Mr Topher Nakoko Gimei, discontinued the investigations.

Background
The property formerly owned by Simbamanyo Estates was guaranteed to Equity Bank Uganda as security for Simbamanyo Estates Ltd to get a $10.8 million loan in November 2017 but the estates reportedly defaulted on their loan obligations.

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