Commercial Court Division
The supremacy of the Interconnection Agreement was also further emphasised in the
case of
MTN (U) Limited V Uganda Telecom Limited [2005] E.A 225 (SCU)
Estoppel will therefore not operate here.
General damages
Assessment of quantum by MTN
Counsel for MTN submitted that this is a proper case for the assessment of general
damages. I was referred to the case of
STOMS V HutchinSon [1905] AC 515 where Lord MacNaghten held that
general damages are such as the law will presume to be the direct, natural or
probable consequence of the act complained of. Counsel for MTN submitted that UTL
had unjustifiably held large portions of MTN’s money which could have reinvested.
He submitted that an award UShs.500,000,000/= in general damages would be in
order.
UTL
Counsel for UTL did not address court on the subject of general damages.
Courts assessment
I agree with parameters of assessment of general damages as stated by Counsel for
MTN.
This case is however unique in that the parties participated in an ad hoc
arrangement involving Gemtel that created a difficult reconciliation problem. It was
hastily entered into without adjusting the Interconnection Agreement to deal with this
temporary
arrangement.
I
would
therefore
give
general
damages
UShs.100,000,000/=.
HCT - 00 - CC - CS- 297- 2008
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