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 /25

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