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Citation
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Judgment date
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| March 2024 |
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Distributor failed to prove meter tampering; energy recovery bill unjustified; complainant awarded damages and costs.
Electricity law — meter tampering allegations — burden of proof on distributor to prove tampering and unbilled energy; procedural fairness — customer’s right to be present during meter testing (Electricity (Code of Quality of Service) Regulations 2020); evidentiary weight of clamp-meter and laboratory tests; calculation of unbilled energy; remedies — damages and costs.
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19 March 2024 |
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Tribunal has original jurisdiction; REA trespassed, AG vicariously liable, awards UGX15,750,000 special and UGX100,000,000 general damages with interest and costs.
Electricity sector jurisdiction – Electricity Disputes Tribunal has original and appellate jurisdiction under s.109; Trespass to land – unlawful entry, destruction of trees and posting of poles without consent; Vicarious liability – Attorney General liable for acts of REA/agents; Compensation – special and general damages proven by valuation; Procedural requirement – referral to ERA or compliance with s.67 not a jurisdictional bar to Tribunal hearing.
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18 March 2024 |
| December 2023 |
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Respondent trespassed by erecting power pole/wires; tribunal awarded damages, declaration, injunction and removal or valuation-based compensation.
* Property law – trespass to land – unlawful entry and installation of electric poles and wires without consent or proven interest. * Proof of ownership and uncontroverted evidence – effect of respondent’s non-appearance. * Remedies – declaration of no claim, general damages, interest, permanent injunction, eviction (removal of infrastructure), and valuation-led compensation if removal not effected. * Costs awarded to successful complainant.
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20 December 2023 |
| June 2023 |
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Applicant failed to show prima facie case or irreparable harm; injunction to restrain licence modification was refused.
* Electricity regulation – interlocutory injunction – requirements: prima facie case, irreparable injury, balance of convenience, and evidence of status quo.
* Licence modification – statutory powers of regulator under the Electricity Act to initiate modifications and impose compliance measures, including environmental conditions and performance bonds.
* Procedural compliance – implementing design changes without following licence modification procedures undermines applicant’s claim for injunctive relief.
* Public interest – regulatory duties to consumers and environmental safeguards weigh against restraining regulator’s functions.
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1 June 2023 |
| May 2022 |
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Applicant's challenge to land valuation dismissed due to proper valuation, delay, and failure to use grievance remedies.
Electricity project land acquisition; valuation and compensation; illiteracy and translation of sale documents; availability and non-use of grievance mechanisms; laches and delay in seeking relief; refusal to order retrospective re-evaluation.
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23 May 2022 |
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Tribunal ordered limited discovery of meeting records and the acting-CEO delegation, rejecting broad fishing-expedition financial requests.
Discovery – Electricity Disputes Tribunal Rule 37 – Tribunal’s discretionary power to order production – documents must be in possession and relevant – discovery refused where request is fishing expedition or unnecessary – ordered production of meeting notices, attendance lists, agendas, certified extracts of signed minutes (subject-matter only) and instrument delegating Acting CEO – public audited accounts sufficient for general financial disclosure.
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16 May 2022 |
| April 2022 |
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Tribunal allowed correction of disputed land location and reduction of claim, but ordered applicant to pay costs for the delay.
Pleadings — Amendment of complaint — Correction of location and reduction of claim — Whether amendment alters cause of action or prejudices respondent — Tribunal’s discretion to permit amendments to determine substantive issues — Costs for delay.
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1 April 2022 |
| November 2021 |
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Vesting instrument placed Kabale 33KV assets with the successor company, which is liable for trespass damages; Government ordered to contribute.
Electricity law – vesting of assets and liabilities under S.I. No.28 of 2002 – whether 33KV lines and wayleaves vested in successor company (UEDCL); trespass/continuing tort for overhead lines erected without consent or compensation; proof required for special damages (market buy‑out, disturbance allowance, lost rental); regulator’s tariff treatment of wayleave compensation and Government liability for stranded liabilities.
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26 November 2021 |
| March 2021 |
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Complainant failed to prove ownership or entitlement to compensation; respondent had lawfully identified and compensated other PAPs.
Compensation for land – proof of ownership and possession – weight of documentary and oral evidence – identification and compensation of Project Affected Persons under a Resettlement Action Plan – burden on claimant to prove entitlement – costs awarded to successful respondent.
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26 March 2021 |
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Complainants awarded compensation for crops and trees destroyed by state power-line works; land compensation limited to transformer sites.
Electricity infrastructure — wayleaves and compensation — entitlement to compensation for destroyed crops and trees; land not ordinarily compensable under 33kV/low-voltage projects except where transformers or underground earthings are located — contemporaneous Wayleaves assessment forms as primary evidence of loss — claims for houses require clear proof; interest and costs awarded.
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18 March 2021 |
| September 2020 |
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Failure to file a change-of-advocates notice is not fatal where counsel’s attendance establishes implied authority; bill of costs to be taxed.
Advocates’ locus to act — Notice of Change/Instructions — Effect of notices to Uganda Law Society vs. Tribunal record; implied authority by attendance; taxation of bill of costs; avoidance of technical defeats to substantive rights.
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8 September 2020 |
| August 2020 |
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A temporary injunction was granted to restrain alleged state agency trespass and preserve property pending trial.
Property rights – trespass and alleged unlawful interference by state agency – temporary injunction – prima facie case, irreparable harm and balance of convenience (American Cyanamid principles) – constitutional protection against compulsory deprivation without prior compensation (Article 26).
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6 August 2020 |
| July 2020 |
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Applicant seeking interim reconnection failed to prove an ERA complaint existed at disconnection; application dismissed with costs.
* Electricity law – interim reconnection orders – reconnection pending dispute resolution – discretionary and exceptional relief under the Electricity (Primary Grid Code) Regulation 15.6.1.
* Evidence – burden on applicant to prove existence and timing of ERA complaint and to attach disconnection/filing documents.
* Grid Code – disconnection for non-payment recognised as recovery mechanism; improper only where complaint was pending and proved.
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22 July 2020 |
| November 2019 |
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Tribunal restrained regulator from enforcing compliance and show‑cause notices pending resolution of the applicant’s complaint.
Interim relief – temporary injunction – preservation of status quo pending tribunal determination; conditions for grant: prima facie case, irreparable harm, balance of convenience; Administrative/regulatory law – lawfulness of regulator’s Notices under the Electricity Act; Licence revocation – effect of enforcement pending challenge; Proprietary rights in licence as triable issue.
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26 November 2019 |
| November 2018 |
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A sector tribunal may hear electricity-related negligence claims, but wrongful-death actions must be grounded in the Law Reform Act and properly pleaded.
* Electricity law – Jurisdiction of sector tribunal – Whether a sector tribunal may hear negligence claims resulting in death arising from electricity distribution – interplay between Electricity Act and Law Reform (Misc. Prov.) Act (fatal accidents).
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12 November 2018 |
| September 2018 |
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Tribunal enforces consent award and grants 20% p.a. interest on delayed compensation for compulsory land acquisition.
Consent judgment – enforcement of parties' recorded settlement; award of interest for deprivation of use of compensation; discretion under Civil Procedure Act; interest fixed at 20% p.a. based on commercial lending trends.
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18 September 2018 |
| August 2018 |
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Utility unlawfully disconnected, fraud-billed and trespassed; tribunal awards damages, costs and interest.
Electricity law – wrongful disconnection and "fraud" billing – meter discrepancies and billing-system errors as basis for reversing charges; Trespass – erection of poles and projection of lines over occupant's land without consent; Remedies – repair costs, compensation for crops, general damages, costs and interest at 24% per annum.
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3 August 2018 |
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Tribunal found a fair-hearing breach, ordered a fresh committee hearing, awarded UGX 7,000,000, and directed licence consideration within 15 days.
Administrative law – right to a fair hearing and audi alteram partem – speediness of hearing; Regulatory law – electricity installation permits – obligations on permit holders to produce completion certificates and satisfy the Installation Permits Committee; Evidence – special damages must be strictly proved; Remedies – tribunal directed fresh hearing, ordered licence consideration and awarded general damages UGX 7,000,000.
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2 August 2018 |
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The respondent trespassed by erecting power lines and must pay compensation, costs and interest.
Trespass – unauthorized erection of electricity power lines on private occupancy – admission by relocation – assessment of compensation for property damage and general damages – application of local valuation guidelines – award of costs and interest.
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1 August 2018 |
| May 2018 |
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A complaint instituted through an attorney without filing the power of attorney is incompetent and will be struck out.
* Civil procedure – adjournment – insufficiency of a letter seeking adjournment absent case details and notice.
* Civil procedure – locus standi – requirement to produce power of attorney where suit is instituted through an attorney (Order 7 Rule 14 CPR).
* Competence of pleading – failure to attach required document renders complaint incompetent and liable to be struck out.
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23 May 2018 |
| February 2018 |
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Electricity regulation—unlawful connection—meter interlink—overbilling—breach of duty—special damages—general damages—evidence—loss not precisely proved—claim allowed in part
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23 February 2018 |
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An unlawful disconnection without proof of meter bypass or unpaid bills warrants compensation for lost business income.
Electricity law – illegal disconnection – burden of proof on supplier to prove meter bypass or unpaid bills – insufficiency of hearsay/accountant evidence – distinction between special and general damages – assessment of quantum for lost business income.
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14 February 2018 |
| January 2018 |
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Tribunal granted interim reconnection of electricity pending determination, subject to payment of current bills and deposit, and possible re-disconnection on default.
* Electricity law – interim relief – application for reconnection of supply pending determination – balancing applicant’s need to earn livelihood against respondent’s right to secure payment. * Interim reconnection may be ordered subject to payment of current bills and deposit. * Respondent may disconnect again if applicant defaults on current dues.
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31 January 2018 |
| November 2017 |
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Tribunal overruled preliminary objection and allowed the complainant to complete evidence before deciding whether a cause of action was disclosed.
Electricity disputes tribunal — Preliminary objection — Whether pleading discloses cause of action — Tribunal to peruse pleadings and annexures; Natural justice — duty to allow parties, especially self‑represented litigant, to present full evidence; Tribunal procedure — statutory flexibility and adjournment to produce documents before dismissing for lack of cause of action.
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22 November 2017 |
| August 2017 |
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Distributor not liable for motor damage occurring beyond the meter where consumer’s installation and maintenance caused the fault.
Electricity law – Point of supply – Grid Code: distributor’s duty ends at the meter; consumer responsible for internal wiring and maintenance – vicarious liability not established where internal works done beyond scope of employment – proof of causation and professional diagnosis required for damage claims.
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29 August 2017 |
| March 2017 |
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Initial disconnection for suspected meter tampering was unlawful; fraud charge lacked evidential basis; second disconnection lawful.
Electricity law – unlawful disconnection for suspected meter tampering – necessity to promptly test and prove anomalies; Fraud charges – estimate of illegal usage must be evidenced and justified; Disconnection for nonpayment – lawful where outstanding bills exist; Remedies – award of general and aggravated damages, costs, interest.
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18 March 2017 |
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Tribunal found unlawful projection of electricity wires over the complainant’s house and awarded damages and costs.
Property law – Trespass to land – projection of objects into the airspace over land; consent/way-leave required for cables; remedial damages for trespass and damage to tree; subsequent removal of offending structure does not negate past trespass.
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13 March 2017 |
| September 2016 |
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Tribunal allowed amendment of complaint; failure to underline changes and delay were not fatal absent resulting injustice.
Electricity Disputes Tribunal – Amendment of pleadings – Discretion to allow amendments; substantive justice over technicalities; underlining rule of practice not mandatory; whether amendment introduces new cause of action; delay and prejudice to respondent; avoidance of multiplicity of proceedings.
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28 September 2016 |
| August 2016 |
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Complainant found to have bypassed meter; disconnection lawful; claims for damages and injunction dismissed.
Electricity law – Meter bypass and unauthorized supply – Evidence by consumption patterns and vandalised meter enclosures; Lawful disconnection under Electricity (Primary Grid Code); Confiscation by police during joint operation – respondent’s liability not established; Remedies for alleged unlawful disconnection refused.
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23 August 2016 |
| April 2016 |
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Whether a utility may lawfully disconnect supply and impose fraud bills absent credible proof of meter bypass.
Electricity law – disconnection of supply – alleged meter bypass – burden of proof and admissibility of photographic/video evidence – requirement for field reports and meter-testing records – fraud billing and consumer remedies (refund, damages, costs).
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14 April 2016 |
| December 2015 |
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Unjustified safety disconnection and undocumented delayed reconnection warranted limited special damages, general damages and costs.
Electricity law – Disconnection for safety – Licensee must demonstrate dangerous condition and follow Primary Grid Code/Quality of Service Code procedures; notice and investigatory records required; unlawful disconnection and unreasonable delay in reconnection may attract general and proved special damages.
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21 December 2015 |
| November 2015 |
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The Tribunal stayed its proceedings, holding that appointment of a valuer implements the High Court decree and is covered by the consent stay.
Constitution and procedure — Stay of execution — Whether a High Court consent order staying execution extends to enforcement acts carried out by a subordinate tribunal; implementation of judgment — appointment of valuation surveyor as part of execution of decree — procedural irregularity in referral not fatal where unobjected.
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17 November 2015 |
| October 2015 |
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A complaint filed by a non-existent entity lacks capacity and is a nullity that must be struck out.
Electricity Disputes Tribunal – parties and pleadings – substitution/amendment of parties – capacity to sue – non-existent plaintiff – nullity of proceedings – O.6 r.19 CPR v O.1 r.10 CPR – tribunal’s discretion to dispense with procedural formality but cannot cure substantive defect.
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21 October 2015 |
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Tribunal ordered interim reconnection on phased payments balancing theft prevention and the complainant’s hardship.
* Electricity disputes – interim reconnection pending determination – balancing utility’s duty to prevent power theft with consumer hardship; partial/phased payment as condition for reconnection; refund or credit of interim payments if claimant succeeds; right to disconnect on default.
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12 October 2015 |
| September 2015 |
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An attorney under a power of attorney cannot sue in his own name; a defective power of attorney was rejected but amendment allowed.
* Civil procedure – locus standi – power of attorney holder has no right to sue in own name; action must be in donor’s name. * Evidence – validity of power of attorney – disputed signature, absence of jurat particulars, and documentary inconsistencies may render instrument unreliable. * Tribunal discretion – power to waive technicalities and allow amendments under procedural rules to enable merits determination.
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14 September 2015 |
| February 2015 |
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A licensee’s failure to restore electricity for two years was negligent, warranting general damages though service fees were lawful.
Electricity law – statutory duty to supply – negligence for failure to restore supply; evidence must be consistent with pleadings; service/access charges lawful under s.78; special damages must be specifically pleaded and proved; general damages discretionary.
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4 February 2015 |
| September 2014 |
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Interim reconnection refused where applicant failed to meet mandatory-injunction tests or provide interim undertaking.
Electricity supply – Interim reconnection – Application construed as mandatory injunction – Test: arguable case, irreparable harm, balance of convenience and undertakings – Utility self-help (disconnection) – Requirement to show willingness to pay interim sum or provide undertaking.
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30 September 2014 |
| September 2013 |
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Tribunal rejects oral stay, finds appeals competent despite procedural gaps, and consolidates two licence-amendment appeals.
• Administrative law – appeals against regulatory licence amendments – competence of appeal despite procedural gaps in tribunal rules. • Interim relief – status quo injunction requires sworn evidence of status quo and irreparable harm; oral applications insufficient. • Tribunal procedure – tribunal empowered by statute to hear appeals and to apply Civil Procedure Rules to fill lacunae. • Civil procedure – consolidation of related appeals where questions of law/fact are substantially similar.
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5 September 2013 |
| December 2012 |
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Tribunal lacks jurisdiction to enforce unpaid royalties not determined by ERA; matter referred to ERA.
Electricity law — Royalties under the Electricity Act — Jurisdiction: Tribunal’s general jurisdiction under section 109 qualified by specific provisions vesting rate-determination in the Electricity Regulatory Authority (ERA); successor liability and evidential burden.
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19 December 2012 |
| March 2007 |
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Agreeing to re‑evaluate bids rendered the appellant’s main reliefs largely moot; ERA may be a proper party but the Tribunal declined further substantive reliefs.
* Administrative law – statutory licensing authority – ERA constituted a body corporate that may be sued and be made a party to appeals to the EDT under s.38(2) of the Electricity Act; not immune despite quasi‑judicial characteristics. * Mootness – where parties agree and initiate a re‑evaluation of bids, principal reliefs seeking the same are rendered academic and may preclude further hearing. * Natural justice – a tribunal will not disqualify or adversely affect a non‑party bidder without affording that bidder an opportunity to be heard. * Remedies – Tribunal will not ipso facto award a licence where process (re‑evaluation) is agreed and ongoing.
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9 March 2007 |