Commercial Court Division
Remedies
The last three issues framed by the parties relate to remedies and I shall collectively
address them as such though I shall also address the said issues in the process.
Whether the Defendant is liable to pay the Plaintiff the sum claimed or not?
The computations
MTN
MTN is their pleadings sought to recover the UShs.3,482,303,277/= being the unpaid
balance on the sum invoiced for the Interconnection fees for telephone traffic
between the parties for the periods March 2007 to December 2007. This computation
was based on reconciled figures shown in exhibits D.16 and D.17.
However, even as this case progressed, UTL has been paying the outstanding debt on
account though it refused to accept that traffic to code +256 477 xxx i.e. Gemtel was
local traffic. Such a determination then became critical to any final reconciliation.
As to interest MTN sought to recover UShs.401,176,506/= which was contractual
interest which stood at UShs.1,495,506,359/= as at 7th October, 2010 the time of the
hearing. Contractual interest is provided for under Article 7.1.3 of the Interconnection
Agreement. This is computed at prime rate for debts from 1st September, 2001 to
31st March, 2002 and prime rate plus 1%p.a for debts from 1st April, 2002 onwards.
Prime rate is defined as the prime overdraft rate charged by Citibank Uganda Ltd.
Counsel for MTN submitted that the due date for invoices is 22nd April, 2008 and the
rate would be 18% plus 1% i.e. 19% p.a.
HCT - 00 - CC - CS- 297- 2008
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