Business
Court dismisses case against Threeways
Publish Date: May 27, 2014
Court dismisses case against Threeways
  • mail
  • img
newvision

By Edward Anyoli

Commercial Court has dismissed a case against Threeways shipping services, in which MTN had sued them over a US $3,827,820.71 (about shsh9.5b) deal.
 
Justice  Christopher Madrama  ruled  that  it  was  wrong  for  MTN  to  pursue  the case against Threeways shipping services  yet  there  was a memorandum signed not  to pursue a criminal case  against the company at the Anti-  Corruption Court.
 
Threeways Shipping Group is a clearing agent that has been transacting business with MTN and carrying on business of international forwarding and logistics, haulage and customs brokerage.
 
MTN  telecommunication Communication Company  dragged  Threeways Shipping Services(Group Ltd)  to court and  have  been  wrangling  over  a breach of contract  case constituted  by  a Memorandum of Understanding allegedly  over failure by  Threeways  to pay $3.8m to MTN.
 
The memorandum, was  signed  on  September10, 2012 between  MTN and  Threeways shipping  service, MTN complained of   theft, embezzlement and  causing financial loss against its staff  and Threeways shipping services. Subsequently MTN lodged a complaint at the Anti- corruption court.
 
MTN had argued that at the time memorandum of understanding was signed, there were no pending charges against Threeways services and its directors. However, Threeways services represented by Kiwanuka, Karugire and Company Advocates argued that MTN agreed not to pursue any criminal matter or civil case against Threeways services.
 
“The correct remedy is not a dismissal of the action of the plaintiff (MTN) which would deal with the merits of the claim. The correct remedy is to dispose of the action by striking it off the record. The plaintiff (MTN) action is accordingly struck out with costs,” Madrama said.
 
Madrama noted that the memorandum of understanding was executed in violation of section 104 of the Penal Code Act.
 
“There is an agreement to receive a benefit by way of co-operation from defendant (Threeways shipping services) to abstain from prosecution of theft and causing financial loss. The conclusion is that the memorandum of understanding was executed in violation,”Madrama said.  
 
 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Uganda losing sh497 trillion in unprocessed exports
ACCORDING to trade minister Amelia Kyambadde, Uganda lost as much as $128.45m (sh373b) in 2012 in exporting goods that were not processed, packaged or branded to the UK....
Tonnes of immature fish impounded in Amolatar
A combined force of the Police and regional fisheries law enforcers mounted a surprise night operation in Amolatar district, impounding tonnes of immature smoked fish...
Vision Mobile products and services
Vision Mobile, a Small Business Unit of Vision Group provides state of the art based products, services and applications with a mission to offer the most advanced Value Add Services in Uganda....
Ugandans cautioned of fake, dirty soft drinks on market
As the Uganda National Bureau of standards (UNBS) steps up efforts to increase compliance to standards, a section of manufactures of juice are still not conforming to the required procedures and standards....
UTB to promote domestic tourism through discounted tours
In its commitment to promote domestic tourism with a bang this year, the Uganda Tourism Board in partnership with the Uganda Safari Guides Association and Uganda Wildlife Authority has started providing highly discounted domestic adventures around the country...
Digital migration: Pay TV service providers rush to cash in as deadline looms
As the June 30, 2015 global digital migration deadlines nears, pay television services providers are rushing to cash in from the members of the public who would want to do last minute purchases....
Is KCCA doing enough to curb poor hygeine?
Yes
No
Can't Say
follow us
subscribe to our news letter