High Court sets aside sh14m award against National Water

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The Civil Division of the High Court in Kampala has overturned a shillings 14 million compensation award that had been issued against the National Water and Sewerage Corporation (NWSC).

The award had been granted by the Mengo Chief Magistrate’s Court in favour of John Steven Obara.

Obara sued NWSC for alleged negligence after one of its water pipelines burst, flooding his house and damaging household property.

Justice Simon Kinobe on July 31, 2025, quashed the decision to award shillings 14.8 million, saying the High Court has the duty to re- evaluate the case by subjecting the evidence presented to a fresh and exhaustive scrutiny before coming to its own conclusion.

In the suit filed on April 23, 2021, Obara claimed that the pipeline, which supplies water to his area, including his residence, burst and caused extensive flooding that damaged his property.

He stated that several of his household items were destroyed, including a 32-inch Solostar television valued at shillings 900,000, a 132-litre refrigerator worth shillings 1.2 million, a sideboard cabinet valued at shillings one million, a seven-seater L-shaped soft set worth 3.5 million, and a D-Jack mini home-theatre system also valued at 3.5 million at his residence in Makerere Kivule, Kampala city. He argued that he lost properties valued at shillings 14.8 million for which held (NWSC) responsible.

However, NWSC appealed the decision, arguing that the trial magistrate erred in law and fact by rejecting its assessment report and awarding Obara what it termed as excessive compensation amounting to 14.8 million.

NWSC further faulted the magistrate for ignoring inconsistencies and contradictions in Obara’s case, and for failing to properly evaluate the evidence on record, which it said led to an erroneous finding of liability against the corporation.

In his ruling, Justice Kinobe revised the compensation orders, stating that the appeal against Obara had partially succeeded.

“The compensatory award of shillings 14,890,000 is set aside. The respondent (Obara) is awarded two million based on the valuation by the independent loss adjustor, with interest at 6% per annum from the date of this judgment until payment in full,” Justice Kinobe ruled.

He also set aside the award of general damages amounting to five million and instead awarded Obara three million in general damages, also attracting interest at 6% per annum from the date of judgment until full payment.

“The appellant, National Water and Sewerage Corporation, shall pay half the costs of this appeal and the costs in the lower court,” Justice Obara.