Africa-Press – Uganda. Telecom giant MTN Uganda has lost the latest round in a decade-long dispute in which it sought to stop a case filed by Richard Mwami. Mr Mwami, a former employee, is suing the telecom giant and the Attorney General for more than Shs2.8b for malicious prosecution, among other demands.
In dismissing the MTN Uganda suit with costs, Judge Esta Nambayo of the Civil Division of the High Court noted that the telecom’s application lacked merit. The judge found that Mr Mwami had established a cause of action against MTN Uganda.
“What this court has to determine is whether the defendants [MTN Uganda and Attorney General] acted out of malice and without reasonable cause. To do that, it is necessary that this court hears and evaluates the evidence from both the plaintiff and the defendants,” the judge ruled.
On October 31, 2018, Mr Mwami sued MTN Uganda and the Attorney General for “unlawful and malicious prosecution,” which prompted MTN Uganda to lodge an application arguing that the court had already pronounced itself on Mr Mwami’s case.
In the application, MTN Uganda also asked the court to strike out Mr Mwami’s case for failure to “disclose a cause of action” against them. MTN also asked the court to award the telecom company costs of the application in the event that it succeeded.
MTN Uganda was represented by Ms Barbara Musimenta, while Mr Mwami was represented by Ms Mercy Odu from AF Mpanga Advocates.
Mr Mwami had, earlier in 2012, sued MTN Uganda, and Judge Yasin Nyanzi had ruled in his favour on April 22, 2016. He was also acquitted of the criminal charges against him in the Anti-Corruption Court.
It is the Judge Nyanzi decision that MTN Uganda wanted to use to convince the court that Mr Mwami’s issues with MTN Uganda had been resolved by the court. However, Judge Nambayo ruled that in the 2012 case, Mr Mwami only sued MTN Uganda, and the Attorney General was not a party to that suit.
“Secondly, in the former suit, the respondent’s [Mwami’s] cause of action against the applicant was wrongful dismissal. In the later suit; HCCS No. 440 of 2018 from which this application arose, the cause of action is unlawful and malicious prosecution, which is totally different from the cause of action in the previous case. Therefore, it is my finding that HCCS No. 440 of 2018 is not res judicata [cause of action may not be relitigated once it has been judged on the merits],” she ruled.
BACKGROUND
In 2018, Mr Mwami filed a case against MTN Uganda and others seeking special damages of Shs2.8 billion arising from his wrongful dismissal. He also asked the court to award him general damages, exemplary damages, and interest at a rate of 25 percent per annum on all the claims from the date of judgment until payment in full realisation. He also asked the court to award him costs of the suit.
In April 2012, Mr Mwami was dismissed from his employment at MTN Uganda. He sued MTN Uganda, but also secured another job with Mobile Money Africa Ltd in the same month.
A year later in 2013, Mr Mwami was arrested and arraigned before the Anti-Corruption Court. He was charged with embezzlement, corruption by neglect of duty, and conspiracy to defraud MTN Uganda.
On August 1, 2013, while Mr Mwami was still on trial before the Anti-Corruption Court, the executive director – supervision at Bank of Uganda wrote to Centenary Rural Development Bank advising the bank to desist from dealing with Mr Mwami until he was cleared by the court. Following the communication, Mr Mwami’s employment with Mobile Money Africa Ltd was terminated on August 9, 2013.
For More News And Analysis About Uganda Follow Africa-Press
