Commercial Court Division
be routed through UTL’s International infrastructure at Mpoma via satellite to
Gemtel’s network and so the call was International.
Both sides raise compelling arguments. The court in such a situation of technical
dispute can rely on an expert opinion.
Section 43 of The Evidence Act (Cap. 6)
provides
“… When the court has to form an opinion upon a point … of science ...
the opinions upon that point of persons specially skilled in that science
… are relevant facts. Such persons are called experts …”
The opinions of experts therefore are relevant facts; but still the court has to make
the final findings for itself. One important opinion that is missing in this dispute is
that of the sector regulator UCC. There is no significant correspondence by UCC on
this dispute and neither was it called by any other parties as an expert who regulates
the telecommunications sector. This is worth noting because the functions of the UCC
under the UCA are set out in Section 4.
These include;
“(a) To monitor, inspect, license and regulate communications services …
(b) To draw up, establish, amend and enforce a national numbering plan and
perform block number allocations …
(c)
To receive and investigate complaints relating to communication services
and to take necessary action upon them …
(d) To safe guard the rights of operators and enforce the performance of
their obligations
(e) To regulate interconnect Interconnection and access systems between
operators and users of International services.
(f)
To advise the Government on communication policy.
(g) To carry on any other function that are related or connected to the
foregoing …”
HCT - 00 - CC - CS- 297- 2008
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