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
Dr Maggie Kigozi: Obstacles in businesses are jewels
Dr Maggie Kigozi, director Crown Beverages Ltd has challenged the youth to consider obstacles in starting and running businesses as opportunities to create better lives....
How to widen Uganda’s tax base in a large subsistence economy
Uganda’s tax base remains small and the country is grappling with measures on how to widen the tax base in light of decreasing donor funds and pressures to finance the national budget....
UAE Exchange Uganda observed World Food Day
UAE Exchange, the leading global remittance, foreign exchange and payment solutions brand observed World Food Day on 16th October. This year the theme was Family Farming: “Feeding the world, caring for the earth”...
Nigerian cleric warns Uganda over oil curse
Rev Father Edward Obi, a leading civil society activists fighting against the effects of the oil curse in Nigeria has warned Uganda that since oil has been discovered Ugandans are not safe from the negative effects the resource brings....
Oil to spur capital markets – Nsamba
This year marks 18 years since the Capital Markets Authority (CMA) was formed....
UBOS releases Producer Price Index
THE indices for hotels and restaurants indicate that annual prices for hotel services fell by 2.5 percent during the period of April, May and June 2014, compared to the same period in 2013...
Should the absence of bride price prevent couples from wedding?
Yes
No
Can't Say
follow us
subscribe to our news letter