Wakilii

Choudry v National Water & sewerage Corporation (CIVIL SUIT NO. 257 OF 2016)

High Court · [2017] UGHCCD 109 · 2017 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for negligence, procedural error, unlawful disconnection of water supply, and breach of statutory duty
Decision
Plaintiff's suit dismissed; judgment entered for defendant on counterclaim with costs

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.
Judicial journey

Appeal & case history

2 linked decisions

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High Court This decision
Choudry Vs National Water & sewerage Corporation (CIVIL SUIT NO. 257 OF 2016) [2017] UGHCCD 109 (5 July 2017)
[2017] UGHCCD 109
Outcome not classified Read the higher decision to confirm the precise result.
No later appellate decision was located in the Wakilii corpus. Linked from court records and operative language in the judgments.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed the plaintiff's suit for negligence and unlawful disconnection of water supply. The court held that the defendant lawfully disconnected water supply under section 95(2) of the Water Act for an outstanding bill exceeding 30 days. The defendant had no statutory duty under section 73 of the Water Act to repair plumbing after the meter, as that responsibility lies with the property owner. Judgment entered for the defendant on its counterclaim for UGX 710,569 in unpaid water bills.

Outcome

Plaintiff's suit dismissed; judgment entered for defendant on counterclaim with costs

Facts

The plaintiff, a property owner at plot 1 Nambi Road Entebbe, had received water supply from the defendant since 2009 and paid bills regularly. In 2013, he complained of excessive water consumption rising to 55 units compared to normal domestic use of 25 units. He complained to the defendant in December 2013 and then travelled to the UK. While abroad, his water supply was disconnected on 19 December 2013 for an outstanding bill of UGX 530,610. The plaintiff alleged negligence and breach of statutory duty in failing to investigate and fix the excessive consumption. The defendant investigated on 20 December 2013, found the meter in good condition, and advised the plaintiff to engage a plumber to fix leakage in piping after the tanks. The plaintiff brought his own expert who confirmed leakage after the water tanks. The defendant counterclaimed for UGX 710,569 in unpaid water bills invoiced on 30 September 2014.

Issues

  1. Whether the defendant acted lawfully when it disconnected the plaintiff's water supply?
  2. Whether the defendant breached any statutory obligation to the plaintiff?
  3. Whether the plaintiff is indebted to the defendant in the sum of 710,569/ and whether the defendant is entitled to recover the same.

Orders

  • The plaintiff's suit is dismissed.
  • The plaintiff shall pay the defendant outstanding bill of 710,569/.
  • The plaintiff shall pay the costs of the suit and the counterclaim.

Rules and key headnotes

Administrative Law — Water Services — Disconnection for Non-Payment — Statutory Authority
Under section 95(2)(a)(b) of the Water Act Cap. 152, a water authority may lawfully restrict or disconnect water supply to land where the amount outstanding has been due for a period of 30 days or more from the date it became due.
Statutory Interpretation — Water Act — Allocation of Maintenance Responsibility
Section 73(1) of the Water Act places responsibility to repair and maintain works connecting land to the authority's works on the owner of the land, including plumbing problems after the meter, regardless of whether the meter is located on or off the property.
Tort Law — Negligence — Statutory Duty — Scope of Duty
A water authority does not breach its statutory duty where it investigates complaints of excessive water consumption, finds its meter in good condition, and reasonably advises the property owner to engage a plumber to fix leakage in piping after the meter, as maintenance of such works is the property owner's responsibility under the Water Act.
Contract Law — Water Supply — Liability for Consumption — Water Loss
Water after the meter is charged to the property owner regardless that it was wasted or leaked, as maintenance responsibility for works after the meter lies with the property owner.

Legislation cited (4)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Choudry Vs National Water & sewerage Corporation (CIVIL SUIT NO. 257 OF 2016) [2017] UGHCCD 109 (5 July 2017)
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.