Goldmine Finance has been stopped from removing a telecommunications mast owned by Towerco of Africa Uganda in Bugolobi, Kampala, pending the hearing of an appeal.
Towerco of Africa Uganda, formerly Ubuntu Towers Uganda, is a licensed provider of telecommunications infrastructure. It constructed a mast on land at Plot 35, Princess Anne Drive, Bugolobi. The land, however, was mortgaged to Goldmine Finance.
The dispute traces back to an earlier court case between the landowner and Goldmine Finance, the mortgagee. That case was decided in favour of Goldmine, clearing the way for enforcement measures, including attachment and sale of the property.
On August 29, 2025, Goldmine Finance issued a formal demand to Towerco, ordering it to remove the mast within 30 days to allow enforcement of a warrant of attachment and sale. Towerco was not a party to the original mortgage dispute.
Towerco filed a suit, arguing that Goldmine’s demand was unlawful and ignored mandatory telecommunications regulations. At the same time, it sought a temporary injunction to block the removal of the mast.
Towerco’s suit was dismissed on November 28, 2025, by the registrar, who ruled that the injunction had been overtaken by events because an execution order had already been issued and that she lacked jurisdiction to stay her own warrant.
Towerco then appealed, challenging the registrar’s decision. It also returned to court with a fresh application, asking for an injunction to preserve the status quo until the appeal is heard.
Goldmine Finance opposed the application, arguing that the appeal was filed out of time and that Towerco was a trespasser on mortgaged land with no legal standing.
How Bishop Grivas Musisi of Dunamis Radio was conned Shs 487 million by fake UCC official
In resolving the dispute, Justice Susan Odongo first addressed whether there was a valid appeal before the court. Goldmine had claimed that no appeal existed, pointing to the alleged late filing on the electronic court system.
The judge rejected that argument, noting that court records showed the appeal was filed on December 5, 2025, and was properly registered.
She also dismissed Goldmine’s claim of res judicata, finding that an application for an injunction pending appeal was legally distinct from one pending determination of the main suit.
“If this court were to find that the registrar’s dismissal barred all future injunctive relief, it would effectively strip the applicant of the right to meaningful appellate review,” Justice Odongo ruled.
Turning to the merits, the judge found that Towerco had raised serious legal questions worthy of trial.
Towerco argued that under Uganda Communications Commission (UCC) regulations, a tower cannot be relocated without 12 months’ notice to access seekers and approvals from UCC, NEMA, and the Uganda Civil Aviation Authority UCAA).
Justice Odongo agreed that this issue deserved full consideration.
On the issue of irreparable harm, the court rejected Goldmine’s position that any loss could be compensated by damages. Justice Odongo identified three risks facing Towerco if the mast were removed.
First was the danger of regulatory sanctions. Second was breach of Towerco’s long-term Master Tower Service Agreement with Airtel, which was intended to run for at least 10 years, and lastly was the reputational damage and public service disruption.
The court noted that the mast supports services for MTN, Airtel, and Lyca Mobile; therefore, its removal would cause network disconnections and undermine Towerco’s standing as a reliable infrastructure provider.
“While the physical mast has a cost, the goodwill and regulatory standing of a telecommunications provider are assets that, once lost, are not easily restored by a cash payment,” Justice Odongo said.
The court therefore issued a temporary injunction restraining Goldmine Finance, its agents or servants from removing, demolishing or interfering with the mast at Bugolobi until the appeal is determined.
Therefore, for now, Towerco has won a crucial stage, but the bigger battle over the enforcement of the mortgage is still pending in the Court of Appeal.
