On July 22 we reported that a lecturer at Makerere University named Halimu Chongomweru had shown interest in suing telecommunications company MTN Uganda Limited following the hacking of his SIM card.
In an intention to sue letter, Nalukoola, Kakeeto Advocates & Solicitors, a law firm that represents Chongomweru, gave the telco 7 days to meet their demands or else they face off in court.
Before the 7 days elapsed MTN Uganda was to “identify the MTN agent who executed” the hack into Chongomweru’s SIM card and pay Shs150 million as “damages for compensation of our client” for having his SIM card disconnected from July 19 to July 23.
It was also to pay Shs100m for, among other things, “untold suffering and mental anguish” on Chongomweru and Shs10m in legal fees. The total is Shs260 million.
But it seems MTN Uganda failed to respond, which has prompted Shahidu Tahakaba Muhindo, an attorney from the aforementioned law firm to file a suit in the Civil Division of the High Court of Uganda.
In the suit, MTN Uganda and Uganda Communications Commission are listed as defedants.
The Court has now given both parties 15 days to file defence and if they don’t do so in the 15 days, it (Court) will offer judgement in their absence.
“Whereas the Plaintiff has instituted a suit against you upon the claim, the particulars of which are set out in the copy of the Plaint attached hereto. YOU ARE HEREBY required to file a Written Statement of Defence within15 days from the date of Service of Summons on you in the manner prescribed under O.9 r.1 of the Civil Procedure Rules,” reads the Suit in part.
“SHOULD YOU FAIL to file a Written Statement of Defence in the Suit on or before the date, the Plaintiff may proceed with the Suit and Judgment may be given in your absence.”
According to the Suit, UCC and MTN Uganda are being dragged to Court because Chongomweru’s personal data was divulged, his sim card “was fraudulently/illegally swapped” and his right to privacy was infringed.