Rwenzori Bottling Company Limited sues two companies for fraudulent tenancy agreement

Beverage firm, Rwenzori Bottling Company Limited has sued two companies and individuals claiming for refund of more than UGX100 million paid to the accused as rent.

It is alleged that Green Africa Recycling Limited which also calls itself Green Africa Recycling SMC Limited signed a tenancy agreement with Rwenzori Bottling Company for renting of their premises in Kyambogo.

The companies were sued jointly with their director; John Musoke Senyonga and an agent; Wilson Sendegeya.

In a case before the High Court Civil Division, Rwenzori Bottling Company Limited alleges that the accused parties represented themselves as owners/ landlords of the premises with powers to rent and issued invoices and received rent payments for which they had no entitlement.

Through its lawyers Through AF Mpanga and Company Advocates, Rwenzori Bottling Company alleges that Sendegeya was an agent of the two accused companies and that he acted on behalf of them while in relationship with the complaining company.

Rwenzori Bottling Company contends that it fulfilled its tenancy agreement by payment of full rental sums invoiced and that pursuant to the invoices issued under Green Africa Recycling Limited signed by Sendegeya.

“The plaintiff (Rwenzori Bottling Company) used the premises for the intended purpose, without any interruptions, up to mid-December 2020, when without any prior notice, persons said to be acting on behalf of Senyonga locked up the premises claiming that he had not been paid rent for the whole of 2020 by his tenant. After locking the premises, the plaintiff became aware that the Senyonga’s tenant, under a separate two-year tenancy agreement dated January 15 2020,” reads the complaint.

It is alleged that the accused parties caused Rwenzori Bottling Company loss by refusing and or failing to refund all the monies paid to and received by them jointly amounting to UGX96m.

Rwenzori Bottling Company is claiming against the accused parties seeking for various remedies, declarations and orders including unconditional release of its property including assets, raw materials, inputs which are illegally detained by Senyonga.

The beverage firm is seeking for interest, general damages and legal costs incurred in prosecution of the case.

It is alleged that mid-December 2020, various officers of the beverage company regularly engaged Senyonga directly and or his agents and styled as Sanjay properties or Sunjay properties and or a lawyer identified as Hashim Mugisha who variously stated that he was acting on behalf of Senyonga.

Orders sought

Rwenzori Bottling Company is now seeking for a court declaration that the two accused companies unlawfully and fraudulently presented themselves and or accepted to be presented as owners of the rented premises, invoiced and received Shs96m as rent.

The beverage company is seeking for a court order that the two companies and Sendegeya jointly refund the Shs96m to its account with interest at 20 percent from January 2020 till payment in full.

The complaining company is also seeking for an order for unconditional release of its property, assets and raw materials or the accused parties pay the value as assessed.

How it started:

It is alleged that on January 16, 2020, Rwenzori Bottling Company entered into rent agreement with Sendegeya for land at Kyamobogo Road for which they represented himself as putative owner of the demised premises.

Court documents show that the Rwenzori Bottling Company’s tenancy and occupation of the demised premises by the company was intended to continue up to January 15 2021 at a monthly rental obligation of Shs8 million excluding VAT.

“It was well known to Green Africa Recycling Limited, Green Africa Recycling SMC Limited and Sendegeya and agreed that Rwenzori Bottling would use the premises to store used plastics which had been collected from the public and were being prepared for recycling by the company for profit. The plaintiff operates a recycling facility at Nakawa known as plastic recycling industries,” reads the complaint.