Umeme Ltd Vs Makubuya T/a Polla plastic (Civil Appeal No. 0216 of 2015) [2018] UGCA 118 (30 October 2018)

Flynote

Civil Procedure|Appeals and reviews|Delict and Tort Law|Negligence

Case summary

The court held that as the first appellate court, its required to re appraise the evidence and reach an independent conclusion. That the disconnection was unlawful since it was arising from the unpaid bill which was disputed. Though the appellant has the power to disconnect, it must be done reasonably. That the respondent signed the deed under the threat of disconnection which would put his business to an end. That the defendants loss was caused by the high handedness of the appellant and punitive damages would accrue. That there was no evidence of consent of the transfer of the bill and hence was fraudulently done. That the appellant suffered no loss and hence wasn’t entitled to any damages.

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