Judge Rules On UTODA Case
Dec 23, 2003
THE acting Justice of the commercial Court, Geoffrey Kiryabwire, on Friday declined to restrain UTODA from collecting loading fees, as the taxi owners had requested, reports <b>Hillary Nsambu.</b>
THE acting Justice of the commercial Court, Geoffrey Kiryabwire, on Friday declined to restrain UTODA from collecting loading fees, as the taxi owners had requested, reports Hillary Nsambu.
Kiryabwire ordered the litigants to go for mediation.
He also ordered the two contenders to report to court the outcome of the mediation on January 20 next year.
Kiryabwire also directed the registrar of the Commercial Court to issue the necessary directions for mediation.
The Association of Taxi Owners and Drivers in Uganda (ATODU) had requested the court for a temporary injunction, restraining the Uganda Taxi Owners and Drivers Association (UTODA) from collecting loading and sticker fees of sh4,500 from each taxi everyday, pending the final decision of their case.
UTODA was entrusted with the management of the taxi business in Uganda under a contract with KCC, while ATODU provided their vehicles for the business.
The judge said since the taxis were already paying the sh4,500, it was UTODA who would be inconvenienced if the daily fees were reduced.
“In any event a reduction of the fee levied from sh4,500 to sh3,500 would be the same as granting the declaration sought in the main suit by ATODU and such a temporary injunction will have the same effect of disposal of the suit,†Kiryabwire ruled.
Over 4,000 members of the taxi owners’ association accused UTODA of fraudulently levying sh4,500 instead of the sh3,500, which had been agreed upon between them and Kampala City Council (KCC).
UTODA’s lawyer had argued that the balance of convenience was with his clients who were levying the loading fees, saying that if the fee was brought down, it shall impact on their contract with KCC.
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Kiryabwire ordered the litigants to go for mediation.
He also ordered the two contenders to report to court the outcome of the mediation on January 20 next year.
Kiryabwire also directed the registrar of the Commercial Court to issue the necessary directions for mediation.
The Association of Taxi Owners and Drivers in Uganda (ATODU) had requested the court for a temporary injunction, restraining the Uganda Taxi Owners and Drivers Association (UTODA) from collecting loading and sticker fees of sh4,500 from each taxi everyday, pending the final decision of their case.
UTODA was entrusted with the management of the taxi business in Uganda under a contract with KCC, while ATODU provided their vehicles for the business.
The judge said since the taxis were already paying the sh4,500, it was UTODA who would be inconvenienced if the daily fees were reduced.
“In any event a reduction of the fee levied from sh4,500 to sh3,500 would be the same as granting the declaration sought in the main suit by ATODU and such a temporary injunction will have the same effect of disposal of the suit,†Kiryabwire ruled.
Over 4,000 members of the taxi owners’ association accused UTODA of fraudulently levying sh4,500 instead of the sh3,500, which had been agreed upon between them and Kampala City Council (KCC).
UTODA’s lawyer had argued that the balance of convenience was with his clients who were levying the loading fees, saying that if the fee was brought down, it shall impact on their contract with KCC.
Ends