NWSC sued over destruction of property

Jul 08, 2016

The petitioner notified NWSC but it fell on deaf ears

National Water and Sewerage Corporation (NWSC) has been dragged to court by a one Teddy Bukirwa, for allegedly demolishing her property worth sh80m.

She claims that her property was destroyed during the construction of sewerage and faecal sludge treatment plant. 

The property in question is situated at block 5 plot 1431 Mulago, Kalerwe Road in the city suburb of Kawempe.

Through Nsubuga and Company Advocates, Bukirwa contends that NWSC assured her that the property would be protected from damages which may arise as a result of its works.

Bukirwa avers that during the process of executing work, her property was damaged, walls developed cracks as a result of vibrations from its tractors and excavators which led to the collapse of the house and the roof as well.

Bukirwa further asserts that after the building collapsed, she notified NWSC but it fell on deaf ears.  

According to court documents, the property was indeed seriously damaged and demolished during the construction works as a result of the vibrations produced by its excavators, various walls developed and holes which required reconstruction as opposed to renovation and Bukirwa duly informed it about the damages its tractors had inflicted on her property.

Bukirwa said she hired a private valuer, Katuramu & Company consulting surveyors to value the total cost and damages of the destroyed property. The valuer then in 2014 assessed and put the amount at sh80m as compensation to be paid to her basing on the purchase of the building materials on the current market value.

The court document further states that on January 28, 2014, NWSC wrote a letter to her, requesting for permission to continue and complete the laying of sewage pipes in her land, promising to compensate her sh80m as agreed.

Bukirwa asserts that on March 25, 2014 she met with NWSC and they agreed that the property would be reconstructed and be re-instated in its original position.

She contends that after a thorough inspection of the property by the engineer, they made a report and recommended that the structure needed to be totally demolished and reconstructed afresh because renovation was not viable and would be unfit for occupants.

Bukirwa further avers she went ahead with the approved and architectural plan which was provided by the engineers and further went ahead to process and secure approved construction permit from KCCA physical planning department and furnished it to NWSC to have the building reconstructed but all in vein.

She further contends that she lost business as a result of the demolition of her property because it is where she sold car spare parts from, adding that she used to earn an average of over sh10m as gross income per month.

She therefore wants to be compensated for the loss of income from the time of demolition until the matter is determined.

Bukirwa wants her property to be reinstated to its original position, be compensated sh80m for damaged property, rental income lost for a period of 29 months.

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