Wakilii

Kabiria Country Club Limited v National Water and Sewerage Corporation (Civil Suit No. 622 of 2017)

High Court · [2021] UGHCCD 67 · 2021 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, private nuisance, declaratory relief, and general damages, with defendant's counterclaim for debt recovery
Decision
Judgment entered for the plaintiff; plaintiff declared not indebted to defendant; defendant's counterclaim dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the plaintiff did not consume water between 2013 and 2017 on the disputed meter. The water valve was closed in 2013 in the presence of the defendant's officers after the tenant school vacated. The high meter reading in 2017 resulted from leakage caused by KCCA construction works damaging the pipes, not consumption. The defendant's claim was based on assumptions and conjecture. The plaintiff is not indebted to the defendant and the invoice for UGX 147,260,805 was issued in error.

Outcome

Judgment entered for the plaintiff; plaintiff declared not indebted to defendant; defendant's counterclaim dismissed

Facts

In 2010, the defendant installed water meters on the plaintiff's commercial premises. Meter SOCAM/96-723763 served Kampala International School, a tenant occupying part of the premises. In 2013, the school ceased operations and vacated. The plaintiff notified the defendant and the water valve for that meter was closed in the presence of defendant's officers. The premises were demolished during renovations. No bills were issued on that meter from 2013 onwards. In 2017, during KCCA road construction works, the water pipe and valve were damaged, causing heavy water leakage. The defendant repaired the leakage and removed the meter, which showed a reading of 37,623 units. The defendant then issued a bill for UGX 147,260,805 for alleged consumption between 2013 and 2017. When the plaintiff refused to pay the contested bill, the defendant disconnected their water supply. The defendant contended the plaintiff had been consuming water on that meter but no invoices had been issued since 2013. The plaintiff denied consumption and attributed the meter reading to the 2017 leakage.

Issues

  1. Whether the defendant's removal of the suit meter from the plaintiff's premises in 2017 was lawful.
  2. Whether the defendant's issue of a demand notice on 13th December 2017 was lawful.
  3. Whether the defendant acted negligently.
  4. Whether the plaintiff has been consuming water from the defendant since 2013.
  5. Whether the plaintiff is indebted to the defendant in the sum of UGX 147,260,805.
  6. What are the available remedies to the parties?

Orders

  • Declaratory order issued confirming that the plaintiff is not indebted to the defendant.
  • Invoice dated 09/12/2017 declared to have been issued in error.
  • Defendant's counterclaim dismissed with costs.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Evidence — Failure to Challenge Material Evidence in Cross-Examination — Effect
Where a party fails to challenge evidence on a material or essential point during cross-examination, such evidence is deemed admitted as inherently credible and probably true.
Evidence — Conflicting Evidence — Assessment of Credibility
Where evidence is conflicting and perjury or fraud must exist on one side, the court should consider undisputed facts and examine which version best accords with those facts according to the ordinary course of human affairs and the usual habits of life. The probability or improbability of the transaction forms a most important consideration in ascertaining the truth.
Evidence — Standard of Proof in Civil Cases — Balance of Probabilities
A court is satisfied that an event occurred on the balance of probabilities if it considers that, on the evidence, the occurrence of the event was more likely than not. When assessing probabilities, the court will have in mind that the more serious the allegation, the less likely it is that the event occurred and hence the stronger should be the evidence before the court concludes that the allegation is proved on the balance of probabilities.
Contract Law — Utility Services — Burden of Proof of Consumption
A claim for payment for utility consumption based on meter readings must be supported by credible evidence of actual consumption. Where a utility provider fails to issue bills over an extended period and the meter was closed off with the provider's knowledge, a subsequent claim based solely on meter readings discovered during repair works, where evidence shows intervening leakage from damaged infrastructure, cannot succeed if based on assumptions and conjecture rather than proof of actual consumption.

Cases cited (3)

  • Uganda Revenue Authority v Stephen Mabosi (SCCA No. 26 of 1995)
  • RE H (Minors) (1996) AC 563
  • In RE B (Children) 2008 UKHL 35

Full judgment

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

Kabiria Country Club Limited v National Water and Sewerage Corporation (Civil Suit No. 622 of 2017) [2021] UGHCCD 67 (15 July 2021)
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.