High Court dismisses UGX5.6 billion arbitration award to ATC Uganda against Smile Communications The setting aside of the arbitral award allows Smile Communications more breathing space to challenge, in higher courts, the commercial contracts with ATC Uganda, which Smile Communications contends are a manifestation of ATC Uganda’s monopolistic stranglehold on the market, that is suffocating other players out of business, under the watch of an unhelpful regulator.

The High Court (Commercial Division) Judge, Hon Justice Stephen Mubiru has set aside an arbitral award of USD1,251,916.08 (UGX5,623,025,394.8) and UGX954,372,437.77) awarded to tower companies ATC Uganda Limited and Eaton Towers Uganda Limited against Smile Communications Uganda Limited.  The arbitral award, CAD/ ARB/No.06 of 2021 was made on 28th January 2022 in Arbitration Cause No. 0004 of 2021, by Cornelius Henry Mukiibi Sentamu, an arbitrator. Smile Communications, however, challenged the arbitral award in the High Court on the grounds that among others, “there are errors apparent on the face of the record; it is contrary to public policy; it was…