The High Court has ruled against Uganda Electricity Transmission Company Limited (UETCL), ordering it to pay Shs200 million in damages and an additional Shs 200,000 per day for unlawfully installing high-voltage power lines over private property without prior compensation.
The decision stems from a 2023 lawsuit filed by Rafella Adong, represented by her attorney, Gunter Piber. Adong argued that UETCL violated her constitutional right to property by running transmission lines over her 2.023-hectare land in Nalubudde, Entebbe, without providing fair compensation beforehand. Ugandan law strictly prohibits the compulsory acquisition of private land without prior and adequate payment.
In its defense, UETCL contended that it had offered Adong Shs198 million as compensation, but she declined the amount. The company further argued that Adong was an absentee landlord and could not be easily located. Moreover, UETCL claimed that since no pylons were physically erected on her land—only power lines were strung overhead—the land remained usable.
However, Justice Musa Ssekaana, now elevated to the Court of Appeal, dismissed these arguments and ruled in favor of Adong.
The judge confirmed that Adong is the rightful owner of the disputed land, registered under Busiro, Block 382, Plot 175 at Nalubudde. He further found that UETCL’s construction of the Mutundwe-Entebbe 132KV Transmission Line directly affected her land, rendering it partially unusable.
“It is undisputed that the plaintiff is the registered proprietor of the land. It is further evident that part of her land was affected by the transmission line, making it unusable,” the ruling stated.
Justice Ssekaana ruled that UETCL’s actions were unconstitutional and a clear violation of Adong’s property rights. As a result, the court ordered UETCL to pay Shs100 million in general damages, Shs100 million in punitive damages, and Shs200,000 per day from the date of judgment until full compensation is paid. Notably, this compensation does not cover payment for the land itself.
Adong had initially sought Shs3.4 billion in damages, arguing that UETCL trespassed on her property for 348 days—from March 9, 2023, to July 22, 2024—without proper compensation.
