BY BICHOLIN K MUSISI

The High Court in Kasese has faulted MTN Uganda for arbitrarily refusing to reactivate a phone line belonging to Bukonzo West MP, Godfrey Atkins Katusabe, despite his presentation of sufficient proof of identity.

Justice David S.L. Makumbi, in a ruling delivered recently, held that while the initial deactivation of Katusabe’s SIM card was lawful due to non-compliance with SIM registration regulations, MTN erred in subsequently demanding a deed poll and rejecting his statutory declaration—thereby breaching their customer-client relationship.

Katusabe, who registered his MTN line 0772693729 in 2013 using a driving license under the name “Atkins Katusabe,” sued MTN after the line was deactivated on May 16, 2024.

MTN demanded a national ID, which bore the name “Godfrey Katusabe,” and later insisted on a deed poll to reconcile the discrepancy in names.

Katusabe, in his suit, argued that the disruption caused financial losses to his company, Bukonzo West Sustainable Development Industries Ltd., interfered with his political work, and affected communication with his children studying in the U.S.

He sought Shs 550 million in special damages, Shs 3.6 billion in general damages, and additional exemplary and punitive damages.

However, the court ruled that Katusabe could not claim special damages on behalf of his company since it is a separate legal entity. The company was also not a party to the suit.

“This suit is brought in the Plaintiff’s names and in his own personal capacity and to that extent he is not entitled to claim special damages for the company,” the judge stated.

Still, the court found MTN at fault for continuing to block the line after Katusabe presented three valid government-issued IDs and a statutory declaration linking the different names.

The court emphasized that a statutory declaration is legally sufficient under the Statutory Declarations Act to reconcile such name variations unless proven otherwise.

“The Defendant formed an arbitrary presumption that the Plaintiff had changed his names without taking into account his explanation,” the judge ruled, noting that requiring a deed poll was unnecessary and an overreach.

Justice Makumbi clarified that while telecom operators are obligated to suspend unregistered SIM cards under the Regulation of Interception of Communications Regulations, they must not impose additional requirements not grounded in law.

“The execution of a Deed Poll has the effect of changing identity. It should never be a process dictated by any corporation or authority,” he stated.

The judge awarded the MP Shs 5 million in nominal damages, with 18% annual interest from the date of the judgment, and 50% of the suit’s costs.

The ruling also clarified that MTN’s text messages urging SIM upgrades to 4G could not reasonably be interpreted as lawful notices to regularize SIM registration under UCC regulations.