FUFA VS USL: HCT/00/CV/MC/19/2015
Wednesday, 18th March 2015
At High Court (Tweed Court Premises, Nakasero)
Before Justice Yasin Nyanzi
A fully packed gallery is expected to throng the High Court premises at Tweed Towers, Nakesero on Wednesday as Justice Yasin Nyanzi passes the final verdict on the law suit filed by Uganda Super League (USL) against Federation of Uganda Football Associations (FUFA).
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.
The two sides made their final submissions before the judge on Monday in a session that lasted 8 hours and 35 minutes.
In their submission, USL, represented by lead counsel, Mukasa Muleme, 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 highlighted 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.
FUFA wrongfully terminated the contract on 30th January 2015 and 3 days later, quickly launched a new partner on board (Azam). This violates the termination of contract procedure as stipulated in the contract Act clause 64
USL therefore seeks for arbitration between the two parties.
On the other side, 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.
FUFA contends, there is no valid and existing Arbitration agreement between FUFA and USL, since they terminated the contract as the law calls for.
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 their final submission.
Party of this case are witnesses and representatives of the two parties, FUFA and USL.
FUFA CEO, Edgar Watson, Vipers Chairman, Taddious Kitandwe and USL’s Kavuma Kabenge (three personalities attached to the files of the FUFA affidavits) are expected to attend the court session.
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.