Wakilii

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019)

Tribunal · [2022] UGEDT 1 · 2022 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Complaint to the Electricity Disputes Tribunal alleging undervaluation of land acquired for a hydropower project
Decision
Complaint dismissed; no re-evaluation ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal dismissed the complaint for re-evaluation of land acquired for a hydropower project nine years after the original valuation. The Tribunal held that the complainants failed to prove undervaluation, that the valuation was conducted transparently with local council involvement, and that the complainants' six-year delay in raising formal complaints, coupled with subsequent developments on the land and change in locality status, made re-evaluation untenable. The Tribunal rejected arguments based on the Illiterates Protection Act, finding that the complainants had demonstrated literacy and that translation services were available throughout the process.

Outcome

Complaint dismissed; no re-evaluation ordered

Facts

In 2012 and 2015, Eco Power Holdings Limited acquired land from Kyakimwa Sauda and Musubaho Zubairi, a married couple, for construction of a hydropower plant in Kasese District. The complainants alleged that their land was undervalued and that they entered into the sales agreements under undue influence, having been told that government would take the land for free if they refused the offered price. They claimed the agreements were in English, a language in which they lacked competence, and that similar land for the same project was valued higher. The respondent contended that the valuation was proper, approved by the Chief Government Valuer, that the agreements were translated and explained to the complainants, and that local authorities participated throughout the process. The complainants formally complained to the respondent in 2018, six years after the initial transaction, and filed their tribunal complaint in January 2019. By that time, a power house had been constructed on the land and the locality had changed from sub-county to town council status.

Issues

  1. Whether there was proper valuation and adequate compensation for the complainants' properties.
  2. What remedies were available to the parties.

Orders

  • Complaint dismissed.
  • Each party to meet its own costs.

Rules and key headnotes

Land Acquisition — Valuation — Delay in Challenging Valuation — Laches and Acquiescence
Where a landowner delays six years before formally complaining about land valuation and nine years before seeking re-evaluation, during which time the developer has constructed structures on the land and the locality has changed status from sub-county to town council, the doctrine of laches applies and re-evaluation becomes untenable as it is impossible to obtain a valuation reflecting the original values.
Illiterates Protection Act — Application — Evidence of Literacy
A party who signs some documents, writes a formal complaint letter in English, and had access to translation services throughout the transaction process cannot successfully invoke the Illiterates Protection Act to invalidate agreements they thumb-printed, where the evidence demonstrates functional literacy and understanding of the transaction.
Land Valuation — Basis of Valuation — Comparison with Project Value
The valuation of land acquired for a development project is not to be determined by reference to the future value of developments on the land or the profits the developer will derive from the project, but by the market value of the land at the time of acquisition.
Grievance Mechanisms — Failure to Exhaust Internal Remedies
Where a project establishes a grievances committee to handle complaints from affected persons, a complainant who chooses not to engage that mechanism and instead waits years before raising complaints directly with the developer weakens their case for subsequent relief, particularly where timely use of the grievance mechanism could have resolved disputed issues before developments altered the land.

Legislation cited (4)

Cases cited (5)

  • Miao Huaxian v Crane Bank and Another (Miscellaneous Application No. 76 of 2016)
  • Nakiwala and 2 Others v Rwekibira and Another (Civil Suit No. 280 of 2006)
  • Tikens Francis and another vs the Electoral Commission & 2 others
  • Makula International v His Eminence Cardinal Nsubuga [1985] HCB 11
  • Interfreight Forwarders Ltd v East African Development Bank (Civil Appeal No. 33 of 1992)

Full judgment

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

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019) [2022] UGEDT 1 (23 May 2022)
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.