KAMPALA, Uganda | The High Court’s Commercial Division has ordered fashion house Abryanz Collection Ltd. to pay its landlord, Yasheen Ratanshi, USD 33,200 (approximately Shs 126 million) in a dispute involving the tenancy of prime commercial property in Kololo, Kampala.

The conflict started when Abryanz Collection, through managing director Brian Ahumuza, signed a tenancy agreement on August 1, 2023, renting space on Bukoto Street (Kololo Hill) to run a fashion boutique.

The agreement stipulated that the tenant would have a three-month grace period for setup, then a phase of reduced rent, and finally full monthly rent of USD 3,200 beginning in February 2024.

But after the lease was signed, the Kampala Capital City Authority (KCCA) declared the building unusable and ordered its demolition.

Abryanz Collection Ltd, represented by Pearl Maria Bekundaf M/s Muwema & Co. Advocates and Solicitors, claimed that the rented space was condemned by KCCA and could not be used for its intended purpose.

Abryanz Collection Ltd further argued that they attempted to avoid paying extra rent after claiming to have paid USD 20,000 in advance to rent the space.

The landlord, Mr Ratanshi, was represented by MMAKS Advocates and argued that the requirement to pay rent was independent of obtaining KCCA approvals and that Abryanz Collection had voluntarily retained the property while still making rent payments.

Mr Ratanshi, in addition, said that it is evident that the applicant was required to pay rent in spite of the advancements or modifications the business was to implement on the suit property.

In her ruling, Justice Rubagumya cited Order 36 Rule 3(1) of the Civil Procedure Rules: a defendant who has been served with a summons following the filing of an endorsed plaint and affidavit under Rule 2 of the order endorsed summary procedure is not permitted to appear and defend the suit unless they apply for and receive permission from the court.

Justice Tumusiime Rubagumya, J., concluded that Abryanz Collection had made explicit recognition of its rental responsibilities by continuing to occupy the space, paying rent despite the KCCA’s order, and even considering buying the property.

“From the above conduct, it can be deduced that the applicant agreed to pay rent even after KCCA’s notification and was aware of its rental obligation.” Justice Rubagumya, J., ruled

Justice Rubagumya ordered Abryanz Collection to pay USD 33,200 in rent arrears up to March 31, 2025. Pay additional rent for any period after March 31, 2025, until vacant possession is handed over, and also vacate the property.