Commercial Court Division
Mr. Joseph Matsiko appeared for the Plaintiff while Mr. Didas Nkurunziza appeared
for the Defendant. The Plaintiff called three witnesses namely Mr. Anthony Katamba
(PW1) the General Manager Legal and Corporate Services of the Plaintiff Mrs. Martha
Kanene Onyeajuwa (PW2) a telecommunication expert and member of the
International Telecommunications Union (ITU) Study Group 2 and Mr. Chijloke Obuna
(PW3) Head Carrier Relations of the Plaintiff. The Defendant called one witness Mr.
Donald Nyakairu (DW1) The Chief Legal Counsel and Corporate Affairs Officer of the
Defendant.
In making findings on the above stated issues, I shall start with the second issue first
as it provides the basis for the dispute as a whole.
Whether the code +256 477 xxx was assigned to Southern Sudan, and if so,
whether such assignment was valid.
The facts.
It is an agreed fact that by a letter dated 22nd June, 2006 (Exh. D.10) the Defendant
UTL informed the Plaintiff MTN that it had set up Interconnection with Gemtel a
telecommunications’ operator in Southern Sudan.
Secondly, that Gemtel was in the process of acquiring their own code.
In the
meantime, they had been assigned code +256 477 xxx for all their traffic.
Thirdly, that the rates applicable to traffic terminated on the said numbers with that
code will be International traffic and the termination rate shall be US$ 0.50 with effect
from the 1st June, 2004. From the evidence on record Gemtel was introduced to the
world telecom operators by a letter dated 3rd June, 2005 (Exh. D.2) signed by KUOL
MANYANG JUUK Chairman Sudan People’s liberation movement (SPLM) Economic
Commission.
The letter sought to recommend Gemtel as a “suitable partner for
providing … essential telecommunications services to the people of Southern Sudan”.
Almost a year later the Minister of Telecommunications & Postal services of GOSS
Maj. Gen Gier Chuang Aluong in a letter dated 24th April, 2006 (Exh. D. 3) wrote
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