At least in Uganda, the law seems to work. How ironical?
MTN, a Ugandan Telco led by former Safaricom Director Sylvia Mulinge has been ordered to compensate Mr Julius Peter Occur Odwe, Sh18 million (Uganda Shilings526 million).
The money is in compensation for trespassing on Mr Odwe’s land.
Odwe, a former deputy Inspector General of Police, took MTN to court in 2012, for laying fibre optic cables on his land, preventing him from expanding his building constructions.
The then Lira High Court Judge, Lady Justice Dr Winifred Nabisinde, heard the case and visited the land in issue and delivered judgement with a conclusion that MTN trespassed.
Accordingly, the court awarded the former deputy IGP Shs300 million with interest at 23 per cent from the time of the judgement till full payment.
Lady Justice Nabisinde also directed that MTN and Mr Odwe negotiate and agree on terms and conditions for continued use of the land where the fibre cables have been laid.
Mr Odwe’s lawyer, Counsel Quirinus Oyugi Onono said: “However, MTN continued to trespass, making money and ignored the land owner with impunity. They instead went to court to block payment of all debts amounting to Shs526,915,000.”
This matter arising from civil suit number 10 of 2012 – MTN Uganda versus Ocur Odwe – came up for final disposal on December 19, 2022, before Justice Duncan Gaswaga, the Lira Resident Judge.
Justice Gaswaga heard submissions of all the parties for and against the stay of execution and found no merits to block payment of the debt by MTN to Mr Odwe.
READ: Transcend Saga: Safaricom multi-billionaire staff and their subversion of justice
“The application lacks the merits and is hereby dismissed with costs. The court declines to set aside the Garnishee Order nisi issued in Miscellaneous Application no 123 of 2022,” he ruled.
