Rwenzori Bottling Company has petitioned in court to recover the Shs96 million that they paid to the wrong landlord. Rwenzori sued Green Africa Recycling Limited through AF Mpanga and Company Advocates.
The company that interchangeably calls itself Green Africa Recycling SMC Limited, presented itself to Rwenzori as property owners.
The property in focus is located on plots 50, 59, and 63 on Kyambogo road.
Rwenzori is also suing Wilson Sendegeya, one of the officers said to be working with the company. They are also suing John Musoke Ssenyonga, who later came up to claim ownership of the same property the company had paid for.
On January 16, 2020, the mentioned premises were rented out to Rwenzori according to records from Court. The company rented the premises so as to operate a recycling facility.
According to the tenancy agreement, their occupancy would only expire on January 25, 2021, paying a monthly tax of Shs8 million. This excluded the Value Added Tax.
Rwenzori said it kept paying the rent through Sendegeya in line with the invoices made by Green Africa Recycling Company. They also said they kept on using the premises without any interruptions until December 2020.
At this time, persons said to be acting on behalf of Musoke Ssenyonga locked up the premises. They claimed that the tenant had not paid any rent for the whole year.
Rwenzori then became aware that Sendegeya was a tenant under a separate two-year tenancy agreement with Ssenyonga.
Evidence also shows that various officers of the company have since then engaged Ssenyonga directly, or through his agents through Sanjay Properties.
Rwenzori said it cannot pay rent twice for the same premises or continue to rent the demised premises beyond the originally planned period.
However, Ssenyonga maintained the demand for money and insisted on rent payment, and continued holding of Rwenzori’s assets valued at over Shst60 million.
Rwenzori now says it has lost over Shs15 million in legal fees and production time for over four months. This is they denied them access to their capital in form of assets, inputs, and raw materials. Ssenyonga had unlawfully confiscated these already.
The company seeks the court to order Green Africa to refund Shs96 million. They also want them to pay general, special, and exemplary damages for its inconveniences.
The court has summoned all the four people to file their defences within 15 days.
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