Wakilii

Ssenyange Mohamed v Umeme Limited (Miscellaneous Cause No. 2 of 2025)

High Court · [2025] UGHC 1297 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by Notice of Motion seeking transfer of Electricity Disputes Tribunal complaint to High Court
Decision
Application dismissed; parties directed to pursue the matter before the Electricity Disputes Tribunal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court lacks jurisdiction to transfer proceedings from the Electricity Disputes Tribunal to itself for original determination. The Electricity Act Cap. 157 grants the Tribunal exclusive original jurisdiction over all electricity sector disputes. Sections 17 and 18 of the Civil Procedure Act apply only to transfers between courts of judicature, not from a statutory tribunal with exclusive jurisdiction. The Tribunal is not a subordinate court but a statutory body with all the powers of the High Court. Appeals from the Tribunal lie to the High Court under section 119(3) of the Electricity Act, but no provision exists for transferring ongoing proceedings.

Outcome

Application dismissed; parties directed to pursue the matter before the Electricity Disputes Tribunal

Facts

The Applicant filed Electricity Disputes Tribunal Complaint No. 011 of 2023 on 6 April 2023 concerning high-voltage interconnector lines relocated by the Respondent near his home, allegedly causing hazardous sparking during rain that led to the Applicant suffering a stroke. The complaint had not proceeded to hearing despite being filed nearly two years prior. The Tribunal became inquorate on 29 June 2024 due to expired tenures of the Chairperson and Vice-Chairperson. Mediation continued, and on 17 February 2025 the Respondent confirmed the power line was cleared to four meters. The Applicant filed this application on 14 May 2025 seeking transfer of the complaint to Mpigi High Court, citing lack of progress, prolonged adjournments, inability to afford trial expenses in Kampala, and the Tribunal's non-functional status. The Respondent opposed, arguing the application was moot as Umeme's concession had ended and assets reverted to Uganda Electricity Distribution Company Limited.

Issues

  1. Whether the High Court has jurisdiction to transfer Electricity Disputes Tribunal Complaint No. 011 of 2023 from the Electricity Disputes Tribunal to the High Court of Uganda at Mpigi.

Orders

  • The Applicant, together with the Respondent make all endeavors to have the matter heard before the tribunal.
  • The application is dismissed with no order as to costs.

Rules and key headnotes

Administrative Law — Statutory Tribunals — Exclusive Jurisdiction — Electricity Disputes Tribunal
The Electricity Disputes Tribunal established under the Electricity Act Cap. 157 has exclusive original jurisdiction to hear and determine all matters relating to the electricity sector referred to it, and the High Court lacks original jurisdiction over such disputes due to the exclusive statutory regime.
Civil Procedure — Transfer of Proceedings — Statutory Tribunals — Limits of High Court Powers
Sections 17 and 18 of the Civil Procedure Act, which empower the High Court to transfer suits, apply only to transfers between courts of judicature and not from a statutory tribunal with exclusive jurisdiction to the High Court.
Statutory Interpretation — Exclusive Remedies — Special Statutory Regimes
Where a statute creates a new jurisdiction and provides a special remedy, that remedy is exclusive unless words of wide generality are used, and the High Court cannot transfer original jurisdiction from a statutory tribunal that possesses all the powers of the High Court.
Administrative Law — Statutory Tribunals — Status and Powers — Distinction from Subordinate Courts
The Electricity Disputes Tribunal is not a subordinate court but a statutory tribunal with exclusive original jurisdiction and all the powers of the High Court under section 118(3) of the Electricity Act, and therefore the High Court's powers to withdraw or transfer suits from subordinate courts do not apply to it.

Legislation cited (11)

Cases cited (1)

Full judgment

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Ssenyange Mohamed v Umeme Limited (Miscellaneous Cause No. 2 of 2025) [2025] UGHC 1297 (3 November 2025)
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.