Uganda Case Law

Nabukka Industries Limited v Umeme Limited

Nabukka Industries Limited v Umeme Limited (CIVIL SUIT NO. 318 OF 2016) [2020] UGHCCD 197 (18 September 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 318 OF 2016

Judge

Musa Ssekaana, J

The court found that the disconnection of electricity supply to the plaintiff's premises was unlawful because there was no credible evidence that the plaintiff tampered with the meter, which was always under the defendant's exclusive control. The inference of tampering could not be sustained in the absence of access by the plaintiff. The defendant failed to satisfactorily prove how the claimed sum of UGX 152,402,145 was computed, and thus the plaintiff was not liable for this amount. The plaintiff's claim for special damages was rejected due to insufficient and unreliable evidence, as the tax…

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• Electricity Supply Disputes
• Meter Tampering
• Special And General Damages
• Burden Of Proof
• Contractual Liability

Michael Mugambe Kibirango v UMEME Limited (MISCELLENOUS APPLICANT EDT 1 of 2020)

Michael Mugambe Kibirango v UMEME Limited (MISCELLENOUS APPLICANT EDT 1 of 2020) [2020] UGEDT 3 (22 July 2020)

Court

Electricity Disputes Tribunal

Case number

MISCELLENOUS APPLICANT EDT 1 of 2020

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Dr. Terry Kahuma - Member Electricty Disputes Tribunal

The tribunal found that the applicant failed to prove that a complaint was lodged with the Electricity Regulatory Authority (ERA) prior to the disconnection of his electricity supply, as required by Regulation 15.6.1(a) of the Electricity (Primary Grid Code) Regulations. The applicant did not attach any evidence of a complaint to ERA at the relevant time, and the only indication of such a complaint was raised after the respondent's affidavit in reply. The tribunal distinguished the cases cited by the applicant, noting that in those cases, evidence of a pending complaint existed or there were…

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• Interim Injunctions
• Electricity Supply Disputes
• Burden Of Proof
• Regulatory Compliance

UMEME Limited v Rurihoona

UMEME Limited v Rurihoona (CIVIL APPEAL NO. 100 OF 2017) [2020] UGHCCD 47 (14 April 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL NO. 100 OF 2017

Judge

Musa Ssekaana, J

The court found that the Electricity Disputes Tribunal properly evaluated the evidence and correctly concluded that the disconnection of the respondent's power supply was unlawful, as the appellant was aware of a pending dispute and failed to rectify the billing anomaly as required by law. The tribunal's award of special damages was upheld, with the court noting that while documentary evidence was lacking, the respondent's loss was substantiated on the balance of probabilities and the appellant failed to rebut material evidence. The award of general damages was also affirmed, as the responden…

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• Electricity Supply Disputes
• Special Damages
• General Damages
• Tribunal Jurisdiction
• Unlawful Disconnection

Matuma-Sali v UMEME Limited

Matuma-Sali v UMEME Limited (CIVIL SUIT NO. 128 OF 2014) [2019] UGHCCD 247 (11 June 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 128 OF 2014

Judge

Mugambe, J

The court found that the Defendant lawfully assigned the bill for illegal connection to the Plaintiff under Regulation 7.6.1 and was entitled to recover the debt through monthly deductions from the Plaintiff's yaka payments. The evidence supported the Defendant's claim of illegal connection, and the Plaintiff failed to provide credible evidence to the contrary. The disconnection was conducted in accordance with the applicable regulations, and the Plaintiff was not entitled to any remedies. The suit was dismissed with costs awarded to the Defendant.

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• Electricity Supply Disputes
• Illegal Connection
• Consumer Rights
• Utility Disconnection

Adupe v UMEME Limited (HIGH COURT CIVIL SUIT NO. 19 OF 2010)

Adupe v UMEME Limited (HIGH COURT CIVIL SUIT NO. 19 OF 2010) [2018] UGHCCD 112 (22 August 2018)

Court

HC: Civil Division (Uganda)

Case number

HIGH COURT CIVIL SUIT NO. 19 OF 2010

Judge

Luswata, J

The High Court held that Umeme wrongfully disconnected power at the plaintiff’s Nile Avenue premises over an unproven old debt, awarding special and general damages.

• Breach Of Contract
• Trespass To Land
• Electricity Supply Disputes
• Damages Assessment
• Breach-of-contract
• Trespass-to-land

Katakuwange Mukooba v UMEME limited (MISCELLENOUS APPLICANT EDT 19 of 2017)

Katakuwange Mukooba v UMEME limited (MISCELLENOUS APPLICANT EDT 19 of 2017) [2018] UGEDT 8 (31 January 2018)

Court

Electricity Disputes Tribunal

Case number

MISCELLENOUS APPLICANT EDT 19 of 2017

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The tribunal ordered interim reconnection of electricity to a milling factory, conditional on a UGX 500,000 deposit and payment of current bills.

• Interim Injunctions
• Electricity Supply Disputes
• Outstanding Bills
• Reconnection Orders
• Interim-injunctions
• Electricity-supply-disputes

Global Company (U) Limited v Umeme Limited

Global Company (U) Limited v Umeme Limited (Civil Suit No. 236 of 2014) [2017] UGCommC 156 (23 November 2017)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 236 of 2014

The High Court found Umeme unlawfully disconnected Global Company’s power supply without proof that the company tampered with the meter.

• Electricity Supply Disputes
• Meter Tampering
• Contractual Obligations
• Damages Assessment
• Administrative Decisions
• Fair Hearing

Stanley Technical Service Limited v UMEME Limited (EDT COMPLAINT 2 of 2016)

Stanley Technical Service Limited v UMEME Limited (EDT COMPLAINT 2 of 2016) [2017] UGIC 28 (3 November 2017)

Court

Industrial Court of Uganda

Case number

EDT COMPLAINT 2 of 2016

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The tribunal found that the respondent's disconnection of the complainant's electricity supply was manifestly unlawful. There was no evidence of a valid government directive or policy in force at the time of disconnection, nor was there compliance with the applicable regulatory framework. The respondent failed to provide reasonable notice, did not investigate or respond to the applicant's complaint in a timely manner, and ignored both the applicant's and the regulator's communications. The tribunal held that the respondent could not lawfully compel the applicant to join a private company as a…

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• Electricity Supply Disputes
• Regulatory Compliance
• Compensation For Loss
• Bulk Metering Policies

Nagujja Masitula v UMEME Limited (Complaint Number EDT 11 of 2014)

Nagujja Masitula v UMEME Limited (Complaint Number EDT 11 of 2014) [2017] UGEDT 4 (18 March 2017)

Court

Electricity Disputes Tribunal

Case number

Complaint Number EDT 11 of 2014

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The Tribunal found that the Respondent's first disconnection of the Complainant's power supply was unjustified and unlawful, as the suspicion of meter tampering was not substantiated by evidence and the meter testing exonerated the Complainant. The Respondent failed to act expeditiously to resolve the suspicion, resulting in an unreasonable delay contrary to the regulatory requirement to minimize supply interruptions. The fraud charge was also unlawfully imposed, lacking evidentiary basis. However, the second disconnection for nonpayment of bills was lawful, as the Complainant had an outstand…

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• Electricity Supply Disputes
• Unlawful Disconnection
• Meter Tampering Allegations
• Fraud Charges
• Damages Assessment

Kazibwe v UMEME Limited (EDT COMPLAINT 2 of 2014)

Kazibwe v UMEME Limited (EDT COMPLAINT 2 of 2014) [2016] UGEDT 2 (23 August 2016)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 2 of 2014

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The Tribunal found that the Complainant, while not tampering with the meter itself, was responsible for bypassing the meter and consuming unmetered electricity. This conclusion was supported by evidence of abnormal consumption patterns, repeated vandalism of meter boxes, and the Complainant's continued access to power after formal disconnections. The Tribunal held that the Respondent acted within the law in disconnecting the Complainant's supply under the relevant electricity regulations. Regarding confiscation of assets, the Tribunal found insufficient evidence to attribute the confiscation…

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• Electricity Supply Disputes
• Meter Bypass Allegations
• Unlawful Disconnection
• Asset Confiscation
• Remedies And Damages