Wakilii

Banda v Attorney General (EDT COMPLAINT 10 of 2020)

Tribunal · [2024] UGEDT 1 · 2024 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Original complaint to Electricity Disputes Tribunal for trespass and damages arising from Rural Electrification Agency's construction of power line on complainant's land
Decision
Complaint allowed with damages and costs awarded to the Complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Electricity Disputes Tribunal has both original and appellate jurisdiction to hear all matters relating to the electricity sector under section 109 of the Electricity Act 1999, and is not limited to matters referred by the Electricity Regulatory Authority. Where a licensee enters private land and constructs power lines without the landowner's consent and without following the statutory notice requirements under section 67 of the Electricity Act, the licensee commits trespass. The Attorney General is vicariously liable for trespass committed by the Rural Electrification Agency, a government agency, and must pay compensation for destroyed property, general damages for unlawful interference with land, and interest.

Outcome

Complaint allowed with damages and costs awarded to the Complainant

Facts

In November 2019, the Rural Electrification Agency (REA), acting on behalf of the Government of Uganda, constructed a 33KV medium voltage power line through Kirwa, Kisoro District, under Islamic Development Bank funding. During construction, REA entered the complainant's freehold land (Volume HQT285, Folio 13, Block 122, Plot 5) without consent, cut down 27 mature pine trees, dug holes, and erected power line poles. The complainant obtained a temporary injunction from the Tribunal in August 2020, but REA continued the construction. REA later conducted a field inspection and admitted that the power line traversed the complainant's land and affected 27 pine trees, 1 omushaga tree, and 1 flower. REA did not give the statutory 60 days' notice required under section 67(4) of the Electricity Act 1999 before entering the land. A valuation surveyor assessed the damage at UGX 15,750,000. The Attorney General, representing REA, raised preliminary objections on jurisdiction and prematurity.

Issues

  1. Whether the Electricity Disputes Tribunal has jurisdiction to hear and determine the complaint without prior reference from the Electricity Regulatory Authority.
  2. Whether the complaint was premature for failure to lodge a claim with the Electricity Regulatory Authority under section 70 of the Electricity Act 1999.
  3. Whether the Rural Electrification Agency trespassed on the complainant's land.
  4. What remedies are available to the parties.

Orders

  • The preliminary objection that the Electricity Disputes Tribunal has no jurisdiction is rejected.
  • The preliminary objection that the complaint is premature is rejected.
  • It is found that the Rural Electrification Agency trespassed on the complainant's land.
  • The Respondent shall pay the Complainant special damages of UGX 15,750,000.
  • The Respondent shall pay the Complainant general damages of UGX 100,000,000.
  • Interest at 24% per annum on special damages from the date of filing until payment in full is awarded.
  • Interest at 8% per annum on general damages from the date of judgment until payment in full is awarded.
  • Costs of the suit are awarded to the Complainant.

Rules and key headnotes

Tribunal Jurisdiction — Electricity Disputes Tribunal — Original and Appellate Jurisdiction
The Electricity Disputes Tribunal established under section 109 of the Electricity Act 1999 has both original and appellate jurisdiction to hear and determine all matters relating to the electricity sector, and is not limited to hearing only matters referred to it by the Electricity Regulatory Authority.
Legislative Intent — Use of Parliamentary Hansard — Purpose of Renaming Tribunal
Where Parliament deliberately renamed a tribunal from 'Electricity Appeals Tribunal' to 'Electricity Disputes Tribunal' and stated in committee that the change was necessary because the tribunal exercises both original and appellate jurisdiction, courts must give effect to that legislative intent and not restrict the tribunal to appellate jurisdiction only.
Statutory Way-Leaves — Notice Requirements — Electricity Act Compliance
Under section 67(4) of the Electricity Act 1999, a licensee must give 60 days' notice to a landowner before entering private land to place electric supply lines, and must obtain the landowner's consent. Where a licensee fails to comply with these statutory requirements, it cannot invoke section 70 of the Act to claim that a compensation dispute must first be lodged with the Electricity Regulatory Authority.
Trespass to Land — Unauthorized Entry — Construction of Power Lines
Trespass to land occurs when a person makes an unauthorized entry upon land and thereby interferes with another person's lawful possession of the land. Where a government agency constructs power lines on private land without the landowner's consent and without following statutory notice requirements, the agency commits trespass.
Vicarious Liability — Government Agencies — Attorney General
The Attorney General is vicariously liable for acts of trespass committed by a government agency such as the Rural Electrification Agency, which was established by statutory instrument to operationalize the government's rural electrification function. Where the government agency admits in its pleadings that it constructed the power line, it cannot later deny liability by claiming the work was done by an independent contractor.
Admissions in Pleadings — Departure from Admissions
Once a party makes an admission in its pleadings, it will not normally be allowed to depart from that admission unless the admission was made under a genuine mistake of fact. Where no genuine mistake is shown, the admission stands and binds the party.
Interest on Damages — Differential Rates — Special and General Damages
Where a defendant has kept a plaintiff out of money and had the use of it, the plaintiff is entitled to interest. Interest at 24% per annum may be awarded on special damages from the date of filing the claim until payment in full, and interest at 8% per annum on general damages from the date of judgment until payment in full.

Legislation cited (11)

Cases cited (11)

  • Friends in Need SACCO Limited v Lulume Nambi Norah (Civil Appeal No. 89 of 2019)
  • Baku Raphael Obudra and Another v Attorney General (Supreme Court Civil Appeal No. 1 of 2005)
  • Pepper (Inspector of Taxes) v. Hart [1993] 1 All ER 42
  • Davis v. Johnson [1978] 1 All ER 841
  • Uganda Revenue Authority v COWI A/S (Civil Appeal No. 34 of 2020)
  • Uganda v Kusemererwa Julius (High Court Criminal Case No. HCT-01-CR-SC-0015 of 2014)
  • Pius Owor (EDT Complaint No. 017 of 2023)
  • Ruzinda Jackson and 3 Others v Rural Electrification Agency and 2 Others (Civil Suit No. 20 of 2021)
  • Justine E.M.N. Lutaya v Sterling Civil Engineering (Civil Appeal No. 11 of 2002)
  • Annet Nakaleme Kironde v Apollo Kaddu Mukasa Kironde and Another (Divorce Cause No. 6 of 2001)
  • Begumisa Financial Services Ltd Vs. General Holding Ltd and Anor. [2007] EA 28

Full judgment

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

Banda v Attorney General (EDT COMPLAINT 10 of 2020) [2024] UGEDT 1 (18 March 2024)
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.