Commercial Court Division
Uganda Communications Commission
Before I finalize this case it is important that I make mention of the UCC and how as
regulator it could have intervened to avert this particular dispute. I have already
mentioned how UCC could have used its functions under section 4 of the UCA to
intervene but did not.
I can only add that the telecommunication industry is still
relatively young in Uganda and this calls for stronger intervention and regulation than
we have seen in this case which is unfortunate.
Secondly, given the technical nature of these type of disputes I make an urgent call
for the establishment of the Uganda Telecommunication Tribunal under Section 75 of
the UCA. This will greatly assist in disputes such as this one as the tribunal shall have
the technical competence to address these complaints in a more faster, efficient and
effective manner.
Final orders
Given my findings above I now make the following orders.
I order that UTL pays MTN the sum of UShs.3,482,303,257/= less what has been paid
on account during this trial being unpaid interconnection fees. The outstanding
amount is due and payable immediately.
I further order that UTL pay MTN interest of UShs.1,495,506,359/= at the rate of
19% p.a. from the 6th April, 2008 up to 7th October, 2010.
I further order that delayed payments on the above sum attract interest at 19% p.a.
from the date of judgment until payment in full.
I order that UTL pay MTN general damages of UShs.100,000,000/= with interest at
8% p.a. from the date of this judgment until payment in full.
HCT - 00 - CC - CS- 297- 2008
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