By Frank Kamuntu
Kampala: Traders under the Kampala City Traders Association (KACITA) have been ordered by court to compensate city landlords with millions of shillings after they withdrew a case they had filed against them, contesting demands for payment of rent arrears accrued during the COVID-19 Lockdown.
Members of KACITA had previously filed a suit against 14 City Landlords including Sudhir Ruparelia, Hamis Kiggundu among others, seeking a court order to compel them to waive collection of rent arrears from their tenants for the three months they spent not working during the lockdown that was implemented by the government so as to curb the spread of Coronavirus.
However, the landlords turned down the tenants’ proposal and demanded for full payment of the arrears, which prompted the tenants to file an Application at the High Court, contesting the Landlords’ demands.
For the above reason, on June 4, 2020 the traders / tenants represented by KACITA Uganda Ltd decided to seek a court order restraining the landlords from collecting rent for the period they spent under lockdown .
Through their application filed at the High Court, KACITA revealed that it’s unfair for the Landlords to demand for rent yet they (traders) were not working.
“Ugandans are called upon to follow this historic case whose final disposal will have far reaching implications on the relationship between landlords and tenants across the divide” KACITA posted on its website then.
KACITA added that some landlords had reached a consensus with their tenants on the modes of payment/
“KACITA is fully ready and committed to go and meet the president again as promised but there are many ways of skinning a goat. It for that reason that we request everyone to be vigilant as the struggle for fairness rages on,” KACITA posted shortly thereafter.
However, a few days after filing their Application, KACITA headed by their lawyer Ronald Tusingwire, returned to court and withdrew their application without giving a clear reason, which prompted court to teach them never to waste court’s time and valuable resources, hence the case was dismissed with costs to the Landlords.
Justice Musa Sekaana, who is the Civil Division Deputy Head, revealed that the application was withdrawn, but that the Applicant (KACITA) shall meet the costs of the suit.
“Withdrawal of the court Application moves with costs to the landlords in line with civil procedure rules” Justice Sekaana ruled.
He thus directed the landlords to present a formal written statement of their defence in regard to the allegations before he allocates the date for hearing the main case.
