Court name
High Court of Uganda
Judgment date
25 August 1998

Uganda Posts & Telecommunications Corp v International Television (Civil Suit-1997/93) [1998] UGHC 11 (25 August 1998);

Cite this case
[1998] UGHC 11
Short summary:
Civil Procedure

 

THE RUBLIC OF UGANDA
IN TH HIGH COURT OF UGANDA AT KM1PALA
CIVIL SUIT NO. 93 OF
1997
UGANDA POSTS & TELECOMMUNICATIONS CO::::::::::::::::::::::::: PLAINTIFF
- versus -
INTERNATIONAL TELEVISION :::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
BEFORE:- HON. THE PRINCIPAL JUDGE - MR. JUSTICE J.H. NTABGOBA RULING
 

This is an application by Counsel for the defendants/applicants that the suit pending in this Court be dismissed for the reasons I will give in the background to the oral application.

The background facts are that the International Television Network (herein to be referred to as the first respondent) signed an Agreement with the Uganda Posts and Telecommunications corporation (to be referred herein as the plaintiff). The Agreement termed “AGREEMENT FOR UPLINK SATELLITE SERVICES” provided that the plaintiff would facilitate the first defendant to lint up with the International Satellite (INTELSAT) for purposes of accessing Satellite Services in respect of which the defendant bad received a licence from the Ministry of Information “for provision of Television Services” in Uganda using the INTELSAT linkup under a (15) year lease.
It is said that after obtaining the licence from the Ministry of Information the first defendant, on the advice of the Ministry of Works and Telecommunications, applied for the access to INTAT facilities to the plaintiff. It is not in dispute that the plaintiff is the sole provider in Uganda of Telecommunications Services. In the preamble of t Agreement, it is stated that, in addition, the plaintiff had express permission of the Government of the Republic of Uganda to sign a Protocol with the INTELSAT and that the plaintiff had signed such Protocol ‘to represent the Government in all dealings with the