Wakilii

Turyakika Haruna & 29 Others v Attorney General (Complaint Number EDT 53 of 2018)

Tribunal · [2021] UGEDT 1 · 2021 Complaint Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Complaint before the Electricity Disputes Tribunal seeking compensation for land taken and property destroyed during power line construction
Decision
Complaint partly allowed. Compensation awarded for crops and trees destroyed, but claims for land compensation (except three specified parcels with transformers) and demolished houses dismissed.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

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

Held that complainants are entitled to compensation for crops and trees destroyed during construction of 33KV power line, but not for land over which the line passes, except where transformers or underground earthing are situated. Compensation awarded based on 2014 Wayleaves Assessment Forms using Bushenyi District 2012/2013 rates, with interest at 18% per annum. General damages of UGX 3,000,000 per complainant awarded for pain, anguish, and inconvenience suffered since 2012.

Outcome

Complaint partly allowed. Compensation awarded for crops and trees destroyed, but claims for land compensation (except three specified parcels with transformers) and demolished houses dismissed.

Facts

In 2012, the Rural Electrification Agency (REA), acting for the Respondent, entered the lands of 30 complainants in Katenga Sub-county, Mitooma District to construct a 33KV power line. During construction, REA destroyed various crops including banana plantations, coffee trees, eucalyptus and pine trees, and erected electricity poles. In November 2014, REA issued Power Line Construction Notices and Wayleaves Compensation Assessment Forms documenting the damage. The complainants were not compensated despite the assessment. In 2017, complainants commissioned Bold Capital Ltd to conduct a fresh valuation, which assessed total damages at UGX 351,367,000 including land, crops, trees, and allegedly demolished houses. The Respondent admitted damaging crops but denied destroying houses or creating roads, and contended that only crops and trees within the wayleaves should be compensated based on government policy, not land itself except where transformers or underground earthing are situated.

Issues

  1. Whether the Complainants are entitled to compensation from the Respondent
  2. What are the remedies available to the parties?

Orders

  • Complainants awarded compensation for crops, trees and plants destroyed as captured in November 2014 Wayleaves Compensation Assessment Forms based on Bushenyi District Local Government 2012/2013 compensation rates.
  • Compensation awarded for land to three complainants only: Nduhuura John (UGX 3,160,000), Nuwagaba Francis (UGX 22,200,000), and Tumuukye Tefuro (UGX 2,620,000) where transformers are erected.
  • Interest at 18% per annum awarded on compensation amounts from November 2014 until payment in full.
  • General damages of UGX 3,000,000 awarded to each complainant.
  • Interest at 12% per annum awarded on general damages from date of judgment until payment in full.
  • Costs of the complaint awarded to the complainants.

Rules and key headnotes

Compensation — Government Projects — Power Line Construction — Scope of Compensable Interests
For 33KV power lines and low voltage supply lines, government policy limits compensation to improvements, crops and trees that lie within the wayleaves of the power line. Land is only compensated for selected pieces where transformers and underground earthing are situated.
Special Damages — Proof — Contemporaneous Assessment Preferred Over Later Valuation
Where there are material discrepancies between a contemporaneous assessment of damaged property made at the time of destruction and a later valuation conducted years afterwards, the tribunal will prefer the contemporaneous assessment as more reliable, particularly where memories may have faded and the later assessment shows unexplained increases in quantities and changes in types of crops claimed.
Special Damages — Burden of Proof — Failure to Prove Destruction of Houses
A claim for compensation for demolished houses cannot succeed where the valuer admits he could not recall how many houses were demolished, the valuation report does not detail which houses were demolished or how they were demolished, and photographs show houses standing intact on the land.
Consent — Notice — Power Line Construction — Adequacy of Notice
Where power line construction notices and wayleaves compensation assessment forms are issued to affected landowners, received by adult family members, distributed by local council officials, and signed by landowners or their representatives acknowledging the assessment, this constitutes adequate notice and consent to the project, even if the notices were delivered belatedly after construction commenced.
General Damages — Delay in Payment — Pain, Anguish and Inconvenience
General damages are appropriately awarded to compensate claimants for pain, mental anguish, suffering and inconvenience where they have pursued compensation due to them for seven years following destruction of their property by a government agency.

Full judgment

↓ Download PDF

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

Turyakika Haruna & 29 Others v Attorney General (Complaint Number EDT 53 of 2018) [2021] UGEDT 1 (18 March 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.