By Our Reporter
Threeways Shipping Services Group Ltd’s persistent applications to courts in a fervent effort to block the hearing of a suit filed by MTN against it and its Directors for recovery of USD 3,761,933 has hit a dead end in a fresh ruling by the High Court Judge, Justice Billy Kainamura of the commercial division who dismissed it with costs.
In his ruling on September 12th 2018, Justice Kainamura agreed with the position fronted by MTN Lawyers that the case involves enormous sums of money and justice would be furthered if the suit is heard on its merits. He further held that Threeways had not set out any legal grounds disputing the hearing of the case and the hearing of the suit had been frustrated by Threeways incessant applications.
The fresh ruling stems from a suit MTN filed against Threeways for defrauding the telecom giant of USD 4million in fictitious claims. Threeways allegedly made the fictitious claims to MTN between March 2009 and April 2012 on over 130 invoices with collusion of two former MTN employees: John Paul Basabosa and Naphtali Were and were paid colossal sums of money. The two employees were jointly sued with Threeways.
However, in 2014 the Commercial court presided over by 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.
Since then there has been back and forth appeals with MTN seeking to reinstate the suit and Threeways seeking to block it, resulting into the Wednesday ruling in which Justice Kainamura asserted thus: “I am inclined to agree with Counsel for the respondent, this case involves enormous sums of money and justice would be furthered if the suit is heard on its merits. On this premise, I dismiss this application with costs.”
MTN Lawyer Bruce Musinguzi said the next course of action is to set down the main suit for hearing at the earliest possible date to enable a speedy conclusion of the case.
A top official at MTN who preferred anonymity because the matter is still before court expressed happiness with the ruling. “It was just a matter of time before the truth comes out,” he said, adding, “You cant defraud a reputable company in broad day light, with all the glaring evidence and continue walking around with impunity. We are happy that court will finally dispense justice in a fair hearing.”
