Atkins Godfrey Katusabe, the MP for Bukonzo West in Kasese district, has won a legal battle against telecom giant, MTN, after it deactivated his simcard due to what it called discrepancies in his indentification documents. Katusabe is the husband to Sarah Opendi, the vocal woman MP for Tororo.
Justice David S.L. Makumbi of the High Court in Kasese ruled that MTN’s action was unfair and awarded Katusabe Shs 5 million in nominal damages.
According to court document, Katusabe, owned MTN line No. 0772693729, registered in 2013 using his driving licence under the name “Atkins Katusabe.”
On May 16, 2024, MTN deactivated the line, citing non-compliance with the Regulation of Interception of Communications Regulations, which required SIM card registration with a National ID. Katusabe’s National ID bore the name “Godfrey Katusabe,” leading to a dispute over reactivation requirements.
Katusabe argued that MTN’s deactivation breached their customer-client relationship, claiming it caused significant business losses and disrupted his political and personal affairs. He sought a declaration of breach, reactivation of his line, special damages of Shs 550 million and general damages of Shs 3.6 billion exemplary and punitive damages, interest, and costs.
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MTN countered that the deactivation complied with the Uganda Communications Commission’s (UCC) Subscriber Verification Exercise, mandated by the 2023 Regulations. The company noted that Katusabe was notified to update his “Know Your Customer” (KYC) details but failed to comply, leading to the disconnection on May 17, 2024.
MTN required a Deed Poll to reconcile the name discrepancy, which Katusabe contested, providing a Statutory Declaration instead.
Justice Makumbi ruled that the initial deactivation was lawful, as “the Plaintiff was in breach of Regulation 18 of the Regulation of Interception of Communications Regulations.”
However, he found MTN at fault for refusing to reactivate the line after Katusabe provided a Statutory Declaration and National ID.
“MTN was wrong to insist that Katusabe execute a Deed Poll… The Statutory Declaration contained enough information to prove that Atkins Katusabe and Godfrey Katusabe were in fact one person,” he said.
The court declared Katusabe “legally entitled to the reactivation of his MTN line 0772693729” and awarded nominal damages of Shs 5 million at 18% interest per annum, citing MTN’s violation of their Terms and Conditions.
Justice Makumbi ruled: “The refusal by MTN to reactivate the Plaintiff’s line after he had met all the requirements amounted to a violation of a legal right.”
Katusabe’s claim for special damages (of Shs 550 million) was dismissed, as the alleged losses were tied to his company, Bukonzo West Sustainable Development Industries Ltd, a separate legal entity.
The court also declined to award exemplary or punitive damages, finding no malice in MTN’s actions, which were driven by UCC directives.
