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 /29 of

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