Brother's Pro Salvage Auto Parts, LLC a/k/a Brothers Pro Tire Plus, LLC and Abdul Jabar M. Kousa v. Ibraham's Enterprise, LLC and Ibraham Babukur

── Brother's Pro Salvage Auto Parts, LLC a/k/a Brothers Pro Tire Plus, LLC and Abdul Jabar M. Kousa v. Ibraham's Enterprise, LLC and Ibraham Babukur ── Court: Court of Appeals of Mississippi Date: May 12, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2024-CA-01064-COA BROTHER’S PRO SALVAGE AUTO PARTS, APPELLANTS LLC A/K/A BROTHERS PRO TIRE PLUS, LLC AND ABDUL JABAR M. KOUSA v. IBRAHAM’S ENTERPRISE, LLC AND APPELLEES IBRAHAM BABUKUR DATE OF JUDGMENT: 12/18/2024 TRIAL JUDGE: HON. KENT E. SMITH COURT FROM WHICH APPEALED: MARSHALL COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANTS: JASON EDWARD CAMPBELL ATTORNEY FOR APPELLEES: ARCHIBALD BULLARD NATURE OF THE CASE: CIVIL - CONTRACT DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - 05/12/2026 MOTION FOR REHEARING FILED: BEFORE WILSON, P.J., McCARTY AND EMFINGER, JJ. EMFINGER, J., FOR THE COURT: ¶1. Brother’s Pro Salvage Auto Parts LLC, also known as Brothers Pro Tire Plus LLC, and Abdul Jabar M. Kousa (collectively Brothers) appealed a judgment of eviction entered by the Marshall County Justice Court. The lessor, Ibraham’s Enterprise LLC and Ibraham Babukur (collectively Ibraham), was granted exclusive possession of commercial property it had leased to Brothers. On appeal from justice court, the Marshall County Circuit Court affirmed the justice court’s judgment of eviction in favor of Ibraham on September 11, 2024. In its order affirming the eviction, the circuit court also awarded Ibraham monetary damages associated with the eviction, which had been expressly excluded from the justice court complaint. Brothers now appeals. FACTS AND PROCEDURAL HISTORY ¶2. On November 10, 2020, Brothers and Ibraham entered into a commercial lease agreement for a property located at 4044 Highway 178, Red Banks, Marshall County, Mississippi (“tire shop”). Shortly thereafter, Brothers decided to expand their business operation and entered into an agreement with Ibraham for an additional property at 4162 Highway 178, Red Banks, Marshall County, Mississippi (“salvage yard”). The November 10 commercial lease pertaining to the tire shop was amended to provide for the terms of the lease associated with the salvage yard as well. The amended commercial lease agreement was executed by both parties on March 4, 2021. On that same day, it was discovered that the monthly rental amount was not correct for the salvage yard property. The error was corrected, and an amended lease agreement was circulated and executed by all parties later in the day. This final commercial lease agreement executed on March 4, 2021, and which is the subject of this appeal, provided in part: 3. PAYMENT OF RENT: Lessee covenants and agrees to pay, at Lessor’s mailing address, as may be designated in writing by Lessor, a total rental for the building located at 4162 Hwy 178 E., Red Banks, Mississippi, the sum of Two Thousand Five Hundred and no/100 Dollars ($2,500.00) for the first sixty months (60) months, payable in advance, on the 10th day of each month, commencing on November 10, 2020 and ending on October 10, 2025. Lessee covenants and agrees to pay, at Lessor’s mailing address, or at such address as may be designated in writing by Lessor, a total rental for the building located at 4044 Hwy 178 E., Red Banks, Mississippi, the sum of Two Thousand and no/100 Dollars ($2,000.00) for the sixty months (60) months, payable in advance, on the 10th day of each month, commencing on November 2  10, 2020 and ending on October 10, 2025. . . . NOTWITHSTANDING THE FOREGOING, the Tenant shall be responsible for all county ad valorem business and real estate taxes and fire and hazard insurance on