Commercial Court Division
In 1999 over the objections of Israel, the ITU reserved the use of ITU –
Recommendation E.164 code 970 for the PA as a preliminary step towards permanent
assignment. Country Code 970 will be permanently assigned to the PA by the ITU at
a later date. Furthermore, from Exhibit P. 25, it is clear that two other non members
of the ITU namely; Hong Kong and Taiwan had country codes.
To my mind
therefore, a solution for GOSS as a non member of ITU was to go the way of the PA
and not get a temporary arrangement with the Government of Uganda.
In answer therefore to the issue whether the code +256 47 xxx was assigned to
Southern Sudan the answer is; no.
That being the case, I need not answer the
question of validity save for noting that this was an ad hoc arrangement between the
parties.
Whether telephone traffic originating or terminating on code +256 47 xxx
is local or International traffic?
I have already above referred to the difficulty the parties had in framing this issue.
The facts.
The facts are the same as in the last issue, so I shall not restate them here.
The arguments.
MTN.
Counsel for the MTN submitted that GOSS is part of the Sudan which had its own
country code of +249 xxx. He relied heavily on the evidence Mrs. Martha Kanene
Onyeajuwa (PW2) who MTN brought in as a telecommunications expert on the
subject. In her evidence PW2, testified that a call made to MTN (+256 77 xxx) from
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