Court dismisses case against MTN Mobile Money
KAMPALA. Court has dismissed a case challenging MTN Mobile Money services as inconsistent to the registered customers’ interest and satisfaction citing complainants’ failure to disclose any cause of action.
High Court Judge Elizabeth Musoke on Monday said the complainants led by Mr Twaha Sanywa did not plead any single matter to show a right they enjoyed in regard to MTN Mobile Money (deposit) free and how they suffered any loss.
“…even if there was any confusion from the price advertisement, the only party that has the capacity to interpret and correct any such confusion, is MTN and even then, the Plaintiffs would still not be entitled to any redress,” Justice Musoke held.
She ruled that the plaintiffs (complainants) did not meet any criteria for the institution of a public interest litigation suit.
The court decision followed an objection by MTN lawyers led by Mr Joseph Matsiko of Kampala Associated Advocates in which they argued that the complaint did not demonstrate sufficient interests or rights that are enjoyed by the petitioners in the case.
Mr Matsiko argued that the orders sought by the plaintiff would amount to an invitation for court to dictate the way MTN carries out its business, in a contractual relationship with its customers, which would render the freedom of contract redundant, as a principle of law.
Through his lawyers, the complaint had asked court to declare that the costs of sending money to conflicting services is inconsistent with “buying MTN Mobile Money (Deposits) Free” leading to unfair costs on the mobile money users.
The case named ‘public interest’ had sought court to issue an order for specific performance on free deposit and or enabling buying MTN Mobile Money (Deposits) on mobile users phone function.
Court documents also indicate that the complainants wanted court to declare that sending money is a completed service of free deposit destination and that MTN’s skill for sale of its service on deposits is unreasonable, dishonest and of less care.
