Court summons investor over Shs70m rent arrears in Munyonyo

Ms Kalpana Abe

What you need to know:

  • Ms Nakau contends that due to Ms Kalpana's alleged default on her rent payments, she has since suffered economic/financial loss since she was getting money from her property to earn a living and cater for other responsibilities in life.

The High Court in Kampala has summoned an investor, Ms Kalpana Abe, who allegedly defaulted on several months of rent for her residence in the leafy Munyonyo area, amounting to $19,200 (over Shs70 million). 

Ms Abe has been given 15 days to file her defense for allegedly breaching a contract in a case lodged against her by her landlord, Ms Magret Kumba Nakau.

“Should you fail to file a defense on or before the date mentioned, the plaintiff may proceed with the suit and judgment may be given in your absence,” reads in part the court summons.

The court documents seen by this publication detail that Ms Nakau, the registered proprietor of the property situated at Plot 1026 Block 257 Gaava Road, Munyonyo, rented it to Ms Kalpana as a residential house. On August 1, 2023, they mutually agreed on an annual rent of $28,800 (about Shs105 million) meaning that the monthly rent was $2400 (about Shs8.7m).

“…After the agreement of both parties, the plaintiff (Ms Nakau) through her agent, issued an invoice to the defendant (Ms Kalpana) for payment of the agreed rent annually of USD 28, 800,” the court documents read in part.

Adding: “Upon numerous demands by the plaintiff (Ms Nakau) through her agent for the defendant (Ms Kalpana) to pay the said rent, the defendant has not paid rent since last year August 1 up to date which conduct amounts to a violation of her obligation to pay rent as agreed yet the plaintiff has to make some payments like property taxes in respect of the same premises to relevant authorities which are still in arrears.”

Ms Nakau contends that due to Ms Kalpana's alleged default on her rent payments, she has since suffered economic/financial loss since she was getting money from her property to earn a living and cater for other responsibilities in life.

The documents add that despite several reminders to her tenant, Ms Kalpana has adamantly refused to pay the said rent arrears as agreed.

Ms Nakau now wants the court to declare that her tenant breached the tenancy contract. She also wants the court to make declarations for a vacant possession/ repossession of her premises.