Delict and Tort Law

Umeme Ltd Vs Makubuya T/a Polla plastic (CIVIL APPEAL No. 0216 OF 2015) [2018] UGCA 118 (30 October 2018);


Search Summary: 

This appeal arises from the decision of the trial
court in which it awarded some reliefs to the
plaintiff and some reliefs to the
The brief background is that the appellant
demanded sums arising from the supply of
power shared by the respondent and another
that is later severed and the respondent served
with a hefty bill that led to disconnect of power
causing damage and subsequent collapse of the
business. The respondent was awarded
damages hence this appeal.

Headnote and Holding: 

The court held that as the first appellate court,
its required to re appraise the evidence and
reach an independent conclusion. That the
disconnection was unlawful since it was
arising from the unpaid bill which was
disputed. Though the appellant has the power
to disconnect, it must be done reasonably.
That the respondent signed the deed under the
threat of disconnection which would put his
business to an end. That the defendants loss
was caused by the high handedness of the
appellant and punitive damages would accrue.
That there was no evidence of consent of the
transfer of the bill and hence was fraudulently
done. That the appellant suffered no loss and
hence wasn’t entitled to any damages.


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