Electricity Disputes Tribunal - 2023

2 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
December 2023
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.
20 December 2023
June 2023
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.
1 June 2023