The National Social Security Fund (NSSF) is seeking to recover more than UGX708 million in unpaid rent arrears due to Goodra Tumusiime Behakanira.
Goodra, a Kampala businesswoman, is the widow of the late Joseph Behakanira and the former owner of Avemar Shopping Mall and J&M Airport Road Hotel.
According to court documents filed through the Commercial Division of the High Court, the arrears stem from a breach of a tenancy agreement signed between NSSF and Goodra in September 2019, and later amended in February 2020.
The agreement allowed Goodra to lease space for a supermarket, basement stores, a conference hall, and a swimming pool at a property formerly known as J&M Airport Road Hotel along the Entebbe–Kampala Road in Bwebajja.
The case, to be presided over by Justice Patricia Kahigi Asiimwe, is coming up for mention next week on Monday.
Background of the dispute
On March 29, 2019, NSSF acquired several plots of land and property in Busiro, Wakiso District, from Goodra.
After the acquisition, she applied to retain the supermarket premises, operating as Joma Supermarket, and the swimming pool as a tenant.
The supermarket was later relocated to a building opposite the former J&M Airport Road Hotel, about three years ago.
However, before the relocation, to determine the appropriate market rent, NSSF requested a valuation from the Chief Government Valuer on September 3, 2019.
Anastacia Tshesane to become PwC SA CEOA week later, the Valuer advised on the rent for the supermarket, basement store, conference hall, and swimming pool, which Goodra wished to lease.
Subsequently, NSSF and Goodra entered into a tenancy agreement allowing her to occupy the supermarket block, including the ground floor and basement store, at a monthly rent of UGX41.5 million, effective August 11, 2019.
In February 2020, however, Goodra requested a review of the agreement, opting to relinquish the basement store while retaining the supermarket space at a reduced monthly rent of UGX29.5 million.
The contract required rent payments to be made six months in advance.
Default and legal action
Court filings indicate that Goodra, however, on her rental obligations, leading to an accumulation of arrears.
Despite multiple demand notices and reminders, NSSF’s attempts to recover the outstanding amount remained unsuccessful.
Goodra, through her lawyers – Barungi, Baingana & Co. Advocates – had reportedly promised to settle the arrears in instalments, but these commitments were never fulfilled.
NSSF is now seeking a court order compelling Goodra to pay the outstanding, along with special damages, interest, and any other relief court might deem appropriate.
