Electricity Disputes Tribunal - 2021

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3 judgments

Citation	Judgment date
November 2021
Kwesiga v Uganda Electricity Distribution Co. Limited and 2 Others (EDT COMPLAINT 19 of 2014) [2021] UGEDT 3 (26 November 2021) 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.	26 November 2021
March 2021
Kaisabira Deo v Uganda Electricity Transmission Co. Limited (EDT COMPLAINT 44 of 2018) [2021] UGEDT 2 (26 March 2021) 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.	26 March 2021
Turyakika Haruna & 29 Others v Attorney General (Complaint Number EDT 53 of 2018) [2021] UGEDT 1 (18 March 2021) 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.	18 March 2021