Wakilii

Adupe v UMEME Limited (HIGH COURT CIVIL SUIT NO. 19 OF 2010)

High Court · [2018] UGHCCD 112 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract and damages for wrongful disconnection of electricity supply
Decision
Judgment entered for the plaintiff with declarations, special damages, general damages, costs, and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that disconnecting electricity supply to premises with a fully paid account on the basis of an alleged debt on a fictitious account related to different premises was unlawful and constituted breach of contract. The defendant's entry was initially lawful under the Electricity Regulations but became trespass ab initio when the disconnection was done without justifiable cause. Special damages must be specifically pleaded; the court allowed generator hiring charges but rejected unpleaded poultry losses. Punitive damages were refused where the defendant attempted remedial action.

Outcome

Judgment entered for the plaintiff with declarations, special damages, general damages, costs, and interest

Facts

The plaintiff held an electricity account for Plot 17 Grant Road, Jinja under Account No. 690055766. In June 1993, she vacated those premises after paying the outstanding bill in full through Coffee Marketing Board Limited. She relocated to Plot 110 Nile Avenue and entered a new electricity supply contract under Account No. 690057806 (later 200159606). Despite notification and full payment of the old account, the defendant continued billing the plaintiff under Account No. 2001600724 (a number she had never used and considered fictitious). On 20 February 2010, the defendant's agents disconnected power at the Nile Avenue premises claiming an outstanding balance of UGX 5,468,188 on the fictitious account relating to Grant Road. The plaintiff had repeatedly written to the defendant about the erroneous billing since 1997. After the suit was filed, the defendant reconnected power on 10 May 2010 and adjusted the disputed account to zero balance, writing it off as a bad debt.

Issues

  1. Whether the disconnection of power on the plaintiff's Account No. 200159606 on Plot 110 Nile Avenue was unlawful and illegal and amounted to a breach of contract.
  2. Whether the plaintiff was liable to pay UGX 5,465,188 as assessed by the defendant on Account No. 200160724.
  3. Whether the acts of the defendant's agents entering upon Plot No. 110 Nile Avenue and disconnecting the power supply thereto amounted to trespass.
  4. Whether the plaintiff is entitled to the remedies sought.

Orders

  • Declaration that the disconnection of the plaintiff's power at Plot 110 Nile Avenue, Jinja was unlawful and amounted to a breach of contract for the supply of power.
  • Declaration that the plaintiff is not indebted to the defendant in the sum of UGX 5,465,188.
  • UGX 14,000,000 awarded as special damages for hiring a generator for 40 days.
  • UGX 4,000,000 awarded as general damages.
  • Costs of the suit awarded to the plaintiff.
  • Interest on special and general damages at 12.5% per annum from the date of judgment until payment in full.

Rules and key headnotes

Breach of Contract — Wrongful Disconnection of Utility Services — Disconnection Based on Non-Existent Debt
A utility supplier commits breach of contract where it disconnects supply to premises with a fully paid account on the basis of an alleged debt relating to a different account at different premises, particularly where the supplier had been repeatedly notified that the debt was not owed and had no supporting evidence for the debt.
Trespass to Land — Trespass Ab Initio — Statutory Authority to Enter — Abuse of Authority
Where a utility licensee enters premises under statutory authority granted by regulation for purposes of meter reading, connection or disconnection, but proceeds to disconnect supply without justifiable cause, the licensee becomes a trespasser ab initio because the disconnection constitutes a positive wrongful act that abuses the initial lawful authority of entry.
Electricity Regulations — Scope of Licensee's Right of Access — Limitations on Exercise of Statutory Powers
The statutory right of a utility licensee to access consumer premises under the Electricity (Primary Grid Code) Regulations for purposes of meter reading and connection or disconnection of supply does not extend to disconnecting supply to one premises on account of alleged debts relating to a different premises, and the exercise of such statutory powers must be restricted to actions permitted by the regulations.
Special Damages — Pleading Requirements — Proof — Exception for Post-Filing Losses
Special damages must be specifically pleaded with particulars and proved at trial. Evidence of losses incurred before filing suit must be disclosed in the pleadings, and introducing such evidence only at trial cannot cure the omission to plead. However, an exception may be allowed for losses that arise after the suit is filed and could not have been anticipated at the time of pleading, provided there was an undertaking to furnish proof during the hearing.
General Damages — Assessment Principles — Utility Disconnection — Mental Distress and Inconvenience
In assessing general damages for wrongful disconnection of utility services, the court considers the inconvenience and mental torture suffered, the public humiliation of a good customer, the duration of disconnection, the time and effort spent following up with the supplier, and any mitigating steps taken by the defendant, but excludes losses that have been compensated under special damages.
Punitive Damages — Requirements for Award — Breach of Contract — Mitigating Conduct
Punitive damages should be specifically pleaded with full particulars in the body of the plaint. They will not be awarded for breach of contract where the defendant, though initially careless, attempted to remedy the wrong by reconnecting supply and writing off the disputed amount, as such conduct does not warrant the punitive sanction intended to deter egregious wrongdoing.

Legislation cited (1)

  • Electricity (Primary Grid Code) Regulations 2003 reg.23.0

Cases cited (6)

  • Ronald Kasibante v Shell Uganda Ltd (High Court Civil Suit No. 542 of 2006)
  • Justine E.M.N Lutaaya v Stirling Civil Engineering Company (Civil Appeal No. 11 of 2002)
  • Six Carpentors case (1610) 8 CO RCP 146a
  • Elias Vs. Pasmore (1934) 2 KB 164
  • Moses Ssali (trading as Bebe Cool) and Others v Attorney General and Others (High Court Civil Suit No. 86 of 2010)
  • Uganda Commercial Bank Vs Deo Kigozi 2002 EA 293

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Adupe v UMEME Limited (HIGH COURT CIVIL SUIT NO. 19 OF 2010) [2018] UGHCCD 112 (22 August 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.