Kiyingi v UMEME Limited (EDT COMPLAINT 15 of 2014)

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 Tribunal ordered reconnection of electricity supply upon payment of the first installment of UGX 200,000, with the balance of the agreed 60% fraud charge to be paid in monthly installments pending determination of the main dispute. The Complainant must also pay for current consumption monthly. Default entitles the Respondent to disconnect.

Outcome

Reconnection ordered upon payment of first installment with balance payable in monthly installments pending final determination

Facts

The Complainant, Kiyingi Badru, was disconnected from electricity supply in January 2014 following allegations of fraud committed by his tenants during his absence. UMEME Limited demanded payment of a fraud charge before reconnection. The Complainant applied to the Tribunal for reconnection pending determination of the fraud charge dispute. He argued he was not present when the alleged fraud occurred, had previously paid bills promptly, and suffered economic loss as tenants vacated his rental properties following disconnection. He also cited medical expenses and school fees obligations. UMEME agreed to reconnect upon payment of 60% of the fraud bill (UGX 2,479,000) but demanded full payment upfront. The Complainant requested phased payment starting with UGX 100,000 with immediate reconnection upon acceptance of the payment plan.

Issues

1. Whether the Tribunal should order reconnection of electricity supply pending determination of the fraud charge dispute.
2. What terms should govern the reconnection, particularly the manner and timing of payment of the agreed 60% of the fraud bill.

Orders

• The Claimant shall pay UGX 200,000 per month with effect from October 2015 till disposal of this matter.
• Upon payment of the 1st installment, the Respondent shall reconnect the claimant.
• In addition to the payment in (i) above, the Claimant shall pay for power consumed in any particular month, thereafter October 2015 inclusive.
• Both part payment and power consumed on the month shall be paid by the last day of the month that they fall due.
• Any default by the claimant on any of the payments in (i)-(iv) above, shall entitle the Respondent to disconnect power.
• Amounts paid as part payment on the fraud bill shall in the event of success by the Claimant in the claim either be refunded or treated as credit to the claimant by the Respondent.

Rules and key headnotes

Legislation cited (2)

• Electricity Act Cap. 145
• Electricity Disputes Tribunal (Procedure) Rules 2012, SI 53/2012

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