Wakilii

Kwesiga v Uganda Electricity Distribution Co. Limited and 2 Others (EDT COMPLAINT 19 of 2014)

Tribunal · [2021] UGEDT 3 · 2021 Complaint Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Complaint before the Electricity Disputes Tribunal seeking compensation for construction of power lines over complainant's property
Decision
Complaint granted with damages and costs awarded to Complainant; 1st and 2nd Respondents held jointly and severally liable

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the 1st Respondent (UEDCL) was vested with the 33-11KV Kabale substation and associated power lines under Statutory Instrument No. 28 of 2002, including all rights and liabilities. The construction and maintenance of power lines over the Complainant's property without consent or compensation constituted continuing trespass. The 1st Respondent and Attorney General were held jointly and severally liable to pay UGX 180,000,000 in general damages and UGX 120,000 for fruit trees, with the Attorney General liable to contribute in whole given that the Electricity Regulatory Authority ceased providing for wayleave compensation in tariff computations.

Outcome

Complaint granted with damages and costs awarded to Complainant; 1st and 2nd Respondents held jointly and severally liable

Facts

In 1997, Uganda Electricity Board constructed 33KV power supply lines over property jointly owned by the Complainant and two others, comprised in Plot 193 Block 3 Ndorwa Kabale. The property was developed with a four-bedroom bungalow and servant's quarters. The lines were constructed without notification, consent, or compensation to the owners. Following the Public Enterprises Reform and Divestiture Statute (Vesting of Undertaking of Uganda Electricity Board) Statutory Instrument No. 28 of 2002, the power distribution network including the 33-11KV Kabale substation was transferred to UEDCL (1st Respondent) on 30 March 2001. The power lines remained operational. The Complainant sought compensation for trespass, loss of use, and damage to property. The 1st Respondent denied liability, arguing that compensation obligations were not transferred. The Electricity Regulatory Authority ceased providing for wayleave compensation in tariff computations and advised that Government should handle such matters.

Issues

  1. Whether the Public Enterprises Reform and Divestiture Act (Vesting of Undertaking of Uganda Electricity Board), No. 28 of 2002 vested the liability of the line over the Complainant's property to the 1st Respondent, or the same remained the liability of the Uganda Electricity Board (in Liquidation)?
  2. What are the remedies the Complainant is entitled to?

Orders

  • General damages of UGX 180,000,000 awarded to the Complainant.
  • Special damages of UGX 120,000 awarded for value of fruit trees.
  • 1st Respondent and 2nd Respondent held jointly and severally liable for the compensation.
  • 2nd Respondent (Attorney General) held liable to contribute in whole for the compensation.
  • Costs of the Complaint awarded to the Complainant.
  • Interest at 12% per annum on the decretal sum from the date of judgment until payment in full.
  • Complainant's retention of property deemed implied consent for 1st Respondent to maintain electricity lines overhead without further tortious liability from date of receipt of decretal sum.

Rules and key headnotes

Statutory Vesting — Transfer of Assets and Liabilities — Successor Companies
Where a statutory instrument vests fixed operating assets of a public corporation in a successor company, all rights and liabilities connected with those assets, including liability for trespass arising from their construction and operation, are transferred to the successor company.
Trespass to Land — Continuing Trespass — Electricity Infrastructure
The construction and maintenance of electricity power lines over private property without the owner's consent or notification constitutes continuing trespass, for which the entity operating the lines is liable in damages.
Wayleaves — Compensation — Constitutional Right
Article 26 of the Constitution of Uganda 1995 and the Electricity Act Cap 144 s.9 and s.55 provide for compensation to a proprietor where property or interest in property is compulsorily acquired or damaged in the course of establishing electricity lines.
Public Corporations — Regulatory Framework — Government Liability
Where a regulatory authority ceases to provide for wayleave compensation in a successor company's tariff computation and advises that Government should handle such compensation, the Attorney General representing Government is liable to contribute to compensation awarded for liabilities vested in the successor company without corresponding means of payment.
General Damages — Trespass — Mental Distress
General damages are properly awarded for trespass where power lines were established on private property without consent or compensation and remained operational for an extended period, causing mental distress to the proprietors who perceived the lines as dangerous.
Customary Ownership — Certificate of Title — Proof of Ownership
The fact that a certificate of title was obtained after the date of alleged trespass does not preclude a finding that the claimant owned the property at the time of trespass, particularly where there is evidence of customary ownership and development of the property prior to formal registration.
Special Damages — Loss of Use — Proof Required
A claim for loss of rental income as special damages requires proof that the property was offered for letting, that a tenancy relationship was formalized, and that the claimant was actually deprived of use or occupation of the property. Absent such evidence, the claim will be declined.

Legislation cited (8)

Cases cited (1)

  • Uganda Electricity Board (in Liquidation) v Royal Van Zayten (HCT-OO-CC-MA-0251-2006)

Full judgment

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

Kwesiga v Uganda Electricity Distribution Co. Limited and 2 Others (EDT COMPLAINT 19 of 2014) [2021] UGEDT 3 (26 November 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.