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National Water and Sewerage Corporation v Trustees of Nakivubo War Memorial Stadium Trust (Civil Suit 403 of 2015)

High Court · [2017] UGCOMMC 273 · 2017 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for special and general damages arising from water arrears and illegal water connections, proceeding ex parte after defendant's counsel failed to attend hearings
Decision
Judgment entered in favor of the plaintiff with special damages, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the plaintiff proved its claim for special damages of UGX 455,844,345 arising from unpaid water bills, fines for illegal meter by-passing, and charges for estimated water consumed over two periods of illegal use. The court awarded special damages in full, general damages of UGX 20,000,000 for inconvenience and costs incurred, and interest on general damages at 6% per annum from judgment until payment in full. Costs were awarded to the plaintiff. The Water Act (General Rates) Regulations empowered the plaintiff to impose fines and estimate consumption where illegal connections were established.

Outcome

Judgment entered in favor of the plaintiff with special damages, general damages, interest, and costs

Facts

The plaintiff, National Water and Sewerage Corporation, supplied water to Nakivubo War Memorial Stadium managed by the defendant trustees. From 2007, the defendant accumulated unpaid water bills totaling UGX 23,425,321. In 2009, investigations revealed the defendant had by-passed water meter number 05W70774, leading to a demand for UGX 341,647,721 comprising outstanding bills, a fine for by-passing, and estimated consumption for 24 months. The defendant acknowledged the debt and proposed payment in instalments but never paid. In November 2014, the plaintiff disconnected all water pipes to the stadium after continued illegal use. In February 2015, the defendant illegally reconnected water supply from a six-inch main pipe. The plaintiff disconnected again and issued a demand for UGX 455,844,345 comprising previous arrears, new charges for 24 months' estimated consumption, and fines for illegal consumption. The defendant filed a defense but its counsel failed to attend scheduling and hearing, and the matter proceeded ex parte.

Issues

  1. Whether the Defendant is indebted to the Plaintiff in the sum of UGX 455,844,345 on account of water arrears, penalties and assessments.
  2. Whether the Plaintiff is entitled to the remedies sought.

Orders

  • The plaintiff is awarded special damages of UGX 455,844,345 being unpaid water bills and penalties arising therefrom.
  • The plaintiff is awarded general damages of UGX 20,000,000.
  • Interest on the general damages at the rate of 6% per annum from the date of judgment till payment in full is awarded to the plaintiff.
  • Costs of the suit are awarded to the plaintiff.

Rules and key headnotes

Special Damages — Proof by Documentary and Direct Evidence
Special damages must be specifically pleaded and proved, but strictly proving does not mean that proof must always be documentary evidence; special damages can also be proved by direct evidence including testimony of persons who received or paid, or experts conversant with the matters.
Utilities — Water Supply — Fines and Penalties for Illegal Connections
Under the Water Act (General Rates) Regulations S.I. No. 30 of 2006, First Schedule, Rule 4(a), a water corporation is empowered to fine consumers who make illegal connections, remove or by-pass meters, by imposing a statutory fine plus a charge for water consumed during the last 24 months estimated from the circumstances established on the ground.
General Damages — Purpose and Assessment
The purpose of awarding general damages is to put the plaintiff who has suffered damage in the position he or she would have been if he or she had not suffered the wrong occasioned by the wrongful act of the defendant. In assessing quantum, courts are guided by the value of the subject matter, the economic inconvenience that a party may have been put through, and the nature and extent of the breach or injury suffered.
Interest on General Damages — Discretion and Compensatory Nature
Where interest is not agreed upon by the parties, the award of interest by the court is discretionary and must be exercised judicially. Interest on general damages is compensatory in nature against the person in breach of the contract and should take into account prevailing economic conditions.
Ex Parte Proceedings — Order 9 Rule 20
Where a defendant's counsel fails to attend a scheduled hearing despite due service and having filed a defense, the court may direct that the matter proceed ex parte under Order 9 Rule 20 of the Civil Procedure Rules.
Costs — Costs Follow the Event
Under section 27(2) of the Civil Procedure Act, costs follow the event and shall be awarded to the successful litigant unless the court for good cause orders otherwise.

Legislation cited (4)

Cases cited (17)

  • Stanbic Bank Uganda Ltd v Haji Yahaya Sekalega T/A Sekalega Enterprises (Civil Suit No. 185 of 2009)
  • Gapco (U) Ltd v A.S. Transporters (U) Ltd (Court of Appeal Civil Appeal No. 18 of 2004)
  • Haji Asuman Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
  • Muyingo v Lugemwa and 2 Others (Civil Suit No. 24 of 2013)
  • Kampala District Land Board and George Mitala v Venansio Bamweyana (Court of Appeal No. 2 of 2007)
  • Assist (U) Ltd v Italian Asphalt & Haulage and Another (High Court Civil Suit No. 1291 of 1999)
  • Livingstone v Rawyards Coal Co. (1880) 5 App. Case 259
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Moses Ssali a.k.a. Bebe Cool & Others v Attorney General & Others [1991-96][2010]
  • Southern Engineering Company v Mutia [1985] KLR 730
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Charles Acire v Myaana Engola (High Court Civil Suit No. 143 of 1993)
  • Hardley v Baxendale (1894) 9 Exch 341
  • Mohanlal Kakubhai Radia v Warid Telecom Ltd
  • Kinyera v The Management Committee of Laroo Boarding Primary School (High Court Civil Suit No. 099 of 2013)
  • Star Supermarket (U) Ltd v Attorney General (Court of Appeal Civil Appeal No. 34 of 2000)
  • Bank of Baroda v Wilson Buyonja Kamugunda (Supreme Court Civil Appeal No. 10 of 2004)

Full judgment

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

National Water and Sewerage Corporation v Trustees of Nakivubo War Memorial Stadium Trust (Civil Suit 403 of 2015) [2017] UGCommC 273 (10 March 2017)
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.