Justice Yasin Nyanzi will be in the spot light as he presides over the jurisdiction of the long awaited final verdict of the case filed by Uganda Super League (USL) against Federation of Uganda Football Associations (FUFA).
The judge, one of Uganda’s most respected in the field, made the announcement at the High Court premises located on Tweed Towers, Nakasero, Kampala on Monday in a session that lasted exactly 8 hours and 35 minutes.
The ruling in the suit of USL VS FUFA (HCT/00/CV/MC/19/2015) will be made before the two parties on Wednesday, 18th March 2014 (9:00 a.m)
Both the applicant (USL) and the respondent (FUFA) made their submissions before the judge in a well attended court room.
USL in a suit HCT/00/CV/MC/19/2015 seeks an interim Order/ Temporary Injunction/ Temporary Injunction order with costs accusing the Uganda Football governing body of wrongfully terminating their contract and going into business with AZAM media group to broadcast the Uganda Premier League.
Represented by lead counsel, Mukasa Muleme, USL cited two earlier cases of Dr. John Ssekaziga and Others VS Church Commission and that of Kaggwa Kawalya Vs Abdul Nasser Katende to exemplify how wrongful FUFA was to contract Azam Media after their ‘un-due’ termination of the contract on January 30th 2015.
USL submitted first, highlighting the ‘dark patches’ and illegal procedure that FUFA used to terminate a then valid contract and quickly entering ‘marriage’ with a new partner – AZAM media limited.
Answering back, FUFA Lead Counsel, Evans Ochieng in FUFA’s submission before Justice Yasin Nyanzi quoted two civil suits; 546 of 1968 of Bugerere Coffee Market Growers Vs Ssebaduka and Real Ggaba Market Property Owners Vs KCCA, Civil suit 248 of 2008 as defence in the current case.
There is no valid and existing Arbitration agreement between FUFA and USL. You can not invoke an arbitration clause citing an agreement which is terminated. The remedy of terminating the contract between FUFA and USL is to file for compensation and never refraining the live telecast of matches of the Uganda Premier League. The balance of convenience is not in favour (for the footballers) when the injunction on the league live broadcast of matches continues
FUFA Lawyers reasoned in the case of USL Vs FUFA.
FUFA CEO, Edgar Watson, Vipers Chairman, Taddious Kitandwe (two personalities attached to the files of the FUFA affivadits) were in court for the entire duration of the court.
USL’s Kavuma Kabenge appeared at the case opening and left 20 minutes latter.
The final hearing will determine the fate of the on-going injunction that bars Azam T.V from the live broadcasting of the Uganda Premier League.