ENHAS demands judgement in poll materials case

By Andante Okanya 

The leading ground handling company at Entebbe International Airport, Entebbe Handling Services (ENHAS) is demanding that the Commercial Court in Kampala passes judgement in the case where it sued the Electoral Commission (EC) over alleged failure to complete payment for delivery of 2011 polls materials.

ENHAS claims EC owes it sh65.6m.Through their lawyers Kasirye, Byaruhanga and Company Advocates, it faults EC for contract breach and is demanding damages.

However, the company's move to demand judgement, was prompted by EC's failure to file its defence despite court ordering it heed within 15 days, in an order dated May 2, 2012.

Records at the court registry confirm that EC has not complied with the order issued by the court registrar Margaret Tibulya. EC was advised to comply, lest judgement is passed without its input.

Consequently on May 22, ENHAS filed an application for 'interlocutory judgement', asking court to give its verdict, since EC had failed to comply.

An interlocutory judgement is endorsed by court in the event that a defendant fails to comply with a court summon ordering for the filing of a defence. Additionally, there must be proof that the defendant was served with the order.

The company's services include passenger plus baggage handling, cargo handling, courier, quality control, and training.

In the case filed on April 30, ENHAS contends it fulfilled its contractual obligations, noting that on January 23 last year, the commission's secretary Sam Rwakoojo made formal contact to clear the materials on arrival at the airport.

"The commission through its Secretary Sam Rwakoojo, engaged the plaintiff's services to handle, clear and deliver electoral consignments including ballot papers to the designated places which was diligently executed," the plaint states.

The company contends that in March last year, it demanded sh236.6m payment but has to date been paid only sh171m, putting the outstanding debt at sh65.6m.

ENHAS claims it has suffered financial loss as a result of EC's purported failure to clear the outstanding debt. The company asserts that efforts to have the debt cleared have been futile, as EC has shown a non-responsive attitude.

However, recently when the New Vision contacted Eric Sabiiti of the EC legal department, he declined to discuss the finer details, saying it would be subjudice.  Sabiiti stated that the electoral body was still verifying the claims before making a response.

"We are in the process of verifying their claims. At an appropriate time, we will get back to them,"Sabiiti said.