There appears to be some confusion in the ongoing case between SA-based Econet Wireless International (EWI) and Nigerian operation VMobile (formerly Econet Wireless Nigeria).
A press release received from Nigeria has VMobile claiming that in a matter in which EWI sought to secure an injunction against it, the Nigerian Federal High Court has ruled in favour of the Nigerian company.
In its statement, the company says the chief judge Roseline Ukeje ruled that "the plaintiff`s claim fails for incompetence on the ground that its application for injunction is not predicated on a substantive suit, it therefore fails for lack of cause of action".
The statement does not, however, make it clear whether the injunction mentioned is the one in which EWI is seeking to force VMobile to reverse all the decisions that have been taken at the company since October 2003, pending the outcome of a shareholder dispute that is to go before the UN Permanent Court of Arbitration (PCA).
Nevertheless, it does go on to say that it has challenged the action by the PCA on the grounds that the power to appoint an arbitrator resides with the chief judge of the Federal High Court of Nigeria.
"The Nigerian shareholders of VMobile are of the opinion that the Nigerian Court has jurisdiction and so will be applying to the Federal High Court to appoint an arbitrator as provided under the Shareholders` Agreement and the Arbitration Act," says the statement.
Asked about the statement from VMobile, EWI`s CEO, Strive Masiyiwa says: "I have absolutely no idea what they`re talking about.
"As far as I am aware, the court set 11 November as the date on which it will hand down judgement in the matter, so we are only expecting a ruling on the issue on Thursday."
The shareholder dispute, which forms the core issue between EWI and VMobile, was initially triggered as a result of a bid to take over the company by Vodacom SA, with EWI claiming that it had preferential rights to the shares offered to the mobile operator.
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