Commercial Court Division THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL COURT DIVISION) HCT - 00 - CC - CS - 297- 2008 MTN UGANDA LIMITED ::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS UGANDA TELECOM LIMITED ::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT BEFORE: THE HON. JUSTICE GEOFFREY KIRYABWIRE. J U D G M E N T: The Plaintiff M/s MTN Uganda Limited (hereinafter referred to as “MTN”) a telecommunications company sued M/s Uganda Telecom Limited (hereinafter referred to as “UTL”) another telecommunications company for the sum of UShs.3,482,303,277/= for breach of contract arising from an Interconnection Agreement between them. It is the case for the Plaintiff’s MTN that they entered into an Interconnection Agreement with the Defendant UTL on the 1st February, 2001 which set out the terms and fees by which the parties would interconnect their networks. MTN then over time billed UTL for the period March to December, 2007 the sum of UShs.6,967,993,089/= out of which UTL only paid UShs.3,475,689,812/= leaving an outstanding unpaid amount of UShs.3,482,303,277/=. The said sum of UShs.3,482,303,277/= arises out of a dispute as to the treatment of telecommunications traffic to a Southern Sudan telecom company called M/s Gemtel Limited (hereinafter called Gemtel) through UTL. HCT - 00 - CC - CS- 297- 2008 /1

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