Electricity Disputes Tribunal - 2018

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9 judgments

Citation	Judgment date
November 2018
Mutenye Moses v UMEME Limited (EDT COMPLAINT 13 of 2017) [2018] UGEDT 6 (12 November 2018) 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).	12 November 2018
September 2018
Fredrick E. Ssempebwa and Another v Uganda Electricity Transmission Co. Limited (EDT COMPLAINT 20 of 2017) [2018] UGEDT 7 (18 September 2018) 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.	18 September 2018
August 2018
Nalongo Katende v UMEME Limited (EDT COMPLAINT 9 of 2015) [2018] UGEDT 3 (3 August 2018) 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.	3 August 2018
Watuwa v Electricity Regulatory Authority (EDT COMPLAINT 7 of 2017) [2018] UGEDT 1 (2 August 2018) 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.	2 August 2018
Namatovu v UMEME Limited (EDT COMPLAINT 8 of 2015) [2018] UGEDT 2 (1 August 2018) 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.	1 August 2018
May 2018
Baluku Suraimani (Suing through his lawful attorney)& Anor v Uganda Electricity Transmission Company Limited (Complaint Number EDT 48 of 2018) [2018] UGEDT 5 (23 May 2018) 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.	23 May 2018
February 2018
Kamba Petroleum (U) Limited v UMEME Limited (EDT COMPLAINT 10 of 2016) [2018] UGEDT 4 (23 February 2018) Electricity regulation—unlawful connection—meter interlink—overbilling—breach of duty—special damages—general damages—evidence—loss not precisely proved—claim allowed in part	23 February 2018
Obot v UMEME Limited (MISCELLENOUS APPLICANT EDT 1 of 2011) [2018] UGEDT 9 (14 February 2018) 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.	14 February 2018
January 2018
Katakuwange Mukooba v UMEME limited (MISCELLENOUS APPLICANT EDT 19 of 2017) [2018] UGEDT 8 (31 January 2018) 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.	31 January 2018