B.I.G Establishments (U) Limited v Uganda Electricity Transmission Company Limited (UETCL) and Another (Civil Suit No. 228 of 2017)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court awarded compensation of UGX 440,232,000 for eucalyptus trees destroyed during construction of a transmission line, adopting the Chief Government Valuer's report. The plaintiff was entitled to the balance after crediting a prior payment of UGX 209,599,000. The court declined to award punitive or general damages, finding the transmission line was in the public interest. Interest at court rate was awarded on the outstanding balance from judgment date.

Outcome

Judgment entered for the plaintiff with compensation awarded for destroyed trees, less any amounts already paid

Facts

The plaintiff held a licence on land at Nama II Kitende Village, Mpoma Parish, Mukono District, where it planted eucalyptus trees. On 6 February 2017, the first defendant notified the plaintiff that construction of a 132KV transmission line would affect some of the plaintiff's trees. In June 2017, both defendants cut down the plaintiff's eucalyptus trees to construct the Mukono 132KV Transmission Power line without first compensating the plaintiff. The first defendant contended that compensation would be based on an approved valuation report from the Chief Government Valuer. The Chief Government Valuer's report dated 12 April 2022 approved compensation of UGX 440,232,000. The first defendant indicated it had already paid UGX 209,599,000 for 3.89 hectares, with a known balance of UGX 19,064,500 for 0.11 hectares.

Issues

1. Whether the defendants trespassed on the plaintiff's land and cut down trees without consent and compensation.
2. What quantum of compensation is payable to the plaintiff for the destroyed eucalyptus trees.
3. Whether the plaintiff is entitled to punitive and general damages.

Orders

• The plaintiff is entitled to compensation of UGX 440,232,000 for destroyed eucalyptus trees.
• If UGX 209,599,000 has already been paid, the plaintiff is entitled to the balance of UGX 230,633,000.
• Interest at court rate is awarded on the outstanding balance from the date of judgment until payment in full.
• No punitive or general damages awarded.
• The plaintiff is awarded costs of the suit.

Rules and key headnotes

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