Electricity Disputes Tribunal - 2015

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6 judgments

Citation	Judgment date
December 2015
Ndyabanawe v UMEME Limited (EDT COMPLAINT 4 of 2013) [2015] UGEDT 6 (21 December 2015) 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.	21 December 2015
November 2015
Makubuya T/A Polla Plast v UMEME Limited (EDT COMPLAINT 7 of 2015) [2015] UGEDT 4 (17 November 2015) 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.	17 November 2015
October 2015
Eng. Kamanyire T/A Stanley Technical Services Limited v UMEME and Another (EDT COMPLAINT 4 of 2014) [2015] UGEDT 1 (21 October 2015) 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.	21 October 2015
Kiyingi v UMEME Limited (EDT COMPLAINT 15 of 2014) [2015] UGEDT 3 (12 October 2015) 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.	12 October 2015
September 2015
Musisi Maseruka v UMEME Limited (EDT COMPLAINT 6 of 2014) [2015] UGEDT 5 (14 September 2015) 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.	14 September 2015
February 2015
Kasaija v UMEME Limited (EDT COMPLAINT 2 of 2009) [2015] UGEDT 2 (4 February 2015) 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.	4 February 2015