Wakilii

Nampembe Daisy v Uganda Electricity Transmission Company Limited (Civil Suit No 0097 of 2023)

High Court · [2024] UGHC 1323 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and compensation arising from unauthorized installation of high-voltage electricity transmission lines on plaintiff's land
Decision
Plaintiff's claim for trespass and compensation successful; defendant found to be trespasser; general damages, interest and costs awarded to plaintiff

Observed later treatment

Cited — treatment unverified cited in 2 (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 2 times 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.

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 held that the defendant utility company was a trespasser when it installed high-voltage electricity transmission lines on the plaintiff's land in 2007 without authorization or consent. The court rejected the defendant's plea of res judicata based on a previous withdrawn suit. Constitutional provisions requiring consent and prompt compensation before compulsory land acquisition apply to utility companies acquiring land for public purposes. The plaintiff, as registered administrator of the estate, proved ownership through letters of administration and certificate of title. General damages of UGX 50,000,000 awarded for deprivation of use and potential health interference, plus 6% interest from date of trespass and costs.

Outcome

Plaintiff's claim for trespass and compensation successful; defendant found to be trespasser; general damages, interest and costs awarded to plaintiff

Facts

In 2007, Uganda Electricity Transmission Company Limited entered the plaintiff's land (Block 169 Plot 125, Nama, Mukono District) without consent and installed high-voltage electricity transmission lines and equipment. The plaintiff initially sought compensation but was refused due to lack of letters of administration and certificate of title. After obtaining these documents in 2019, the plaintiff again requested compensation, which was denied. The plaintiff issued a formal demand notice which was also rejected. The defendant failed to file a defence or witness statement. At hearing on 26 August 2024, defendant's counsel indicated willingness to settle amicably but provided no terms. The plaintiff adduced evidence through one witness showing she was administrator of the estate of late Erukana Kiwanuka, held the certificate of title, and that transmission lines had been erected without her notice or consent. The defendant raised a preliminary objection based on res judicata, citing HCCS No. 38 of 2021, but that suit was withdrawn by consent and never finally determined.

Issues

  1. Whether the Plaintiff is the rightful owner of the land and whether the Defendant is a trespasser.
  2. Whether the Plaintiff is entitled to compensation from the Defendant.
  3. Whether there are any remedies available to the parties.

Orders

  • General damages of UGX 50,000,000 awarded to the plaintiff.
  • Costs of the suit awarded to the plaintiff.
  • Interest on compensation at a rate of 6% from the date of trespass until payment in full.

Rules and key headnotes

Trespass to Land — Elements of the Tort — Requirement of Legal Interest
Trespass to land occurs when a person makes an unauthorized entry upon another's land thereby interfering with another person's lawful possession. To bring a trespass claim, the claimant must have a legal interest or right in the land, not just be physically present or using it. An action for trespass to land is for enforcement of possessory rights rather than proprietary rights.
Letters of Administration — Legal Effect — Rights of Administrator
Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration has been granted at the moment after the intestate's death. The administrator, being in possession of the land by virtue of letters of administration, has the right to exclude trespassers.
Res Judicata — Burden of Proof — Effect of Withdrawal by Consent
The burden of proving res judicata rests on the party raising the plea. The plea must be substantiated by producing copies of the pleadings and judgment in the previous suit. Where a previous suit between the same parties on the same subject matter was withdrawn by consent under Order 25 rule 2 of the Civil Procedure Rules without final determination of the issues, the principle of res judicata does not apply.
Compulsory Acquisition — Public Purpose — Requirement of Consent and Compensation
Under Articles 26(2) and 237 of the Constitution, no person can be compelled to give up property or rights over it without consent unless necessary for public needs, and the law must ensure that fair and appropriate compensation is provided quickly before the property is taken. Government or a local government acquiring land for public purposes must adhere to Article 26 and provide compensation. A utility company that unlawfully enters private land, installs infrastructure without the landowner's consent, and fails to acquire the land legally or provide compensation breaches the Constitution.
General Damages — Assessment — Loss of Use and Health Interference
General damages are the direct probable consequences of the act complained of, including loss of use, physical inconvenience, mental distress, pain and suffering. Where a landowner has been physically inconvenienced by the installation of high-voltage electricity lines and equipment, has suffered mental distress, and has been deprived of utilizing the land, an award of general damages is appropriate as recompense for non-use and any likely adverse health interference.

Legislation cited (6)

Cases cited (10)

Cases citing this judgment (2)

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.

Nampembe Daisy v Uganda Electricity Transmission Company Limited (Civil Suit No 0097 of 2023) [2024] UGHC 1323 (30 September 2024)
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.