KCCA contractor sued over negligence during road construction

Kampala, Uganda | THE INDEPENDENT | Kampala Capital City Authority-KCCA and China State Construction Engineering Corporation Limited CSCEC have been dragged to court for negligence during construction of Kulambiro ring road which allegedly caused damage to private property. The road is being constructed under the World Bank funded Kampala Institutional Infrastructure Development Project 2.

Cases of damaged property against KCCA are beginning pile up in addition to the unpublicised ones over injuries sustained by people who fall in open manholes.

In a suit filed before the Civil Division of High Court, the applicants Florence Balinda and Solomon Balinda through their lawyers Okello Oryem and Co. Advocates say that on 2nd May 2020, there were heavy torrential rains in the area that caused storm water rapidly flowing from the Kulambiro ring road into their structure under construction causing a flood that made their perimeter wall collapse.

The applicants claim that had it not been for the negligence of the contractor and KCCA on how they handled the drainage system, no damage would have been caused to their perimeter wall and other property at the site.

The water they say also caused damaged to the Poly Vinyl Chloride-PVC pipes, scaffoldings, septic tank and manholes went through a small diversion channel created by the contractor in May 2020.

The applicants say they wrote to the contractor about the damage and received a response regretting the damage and promised to rectify the matter but in vain.

The applicants say they contracted Resco Property Consultants to assess extent of damage and cost the repair. The bill totalled to over Shillings 44.4 million. They are now seeking compensation from the contractor and KCCA amounting to Shillings over 44.4 million to repair the damage.

They also want two million shillings monthly from the month of May that they say they spend on securing the construction site since the perimeter wall was destroyed. They want it paid untill the perimeter wall is finally erected. They also want payment at a 25% annual interest rate from the date of judgement until all the amount is fully paid.

The applicants also fault KCCA in particular for failing on supervision of works and failure to design wide drainage channels that could accomodate the storm water during such a rainy season.

This is not the first law suit against KCCA and this contractor. In July, Joan Nantongo, proprietor of Elisha’s Boutique along John Babiiha Avenue also sued CSCEC limited for negligence and sought compensation of Shillings 54 million.

Nantongo contends that in May, when the contractor was constructing the drainage system, storm water from open drains flew into her boutique damaging her merchanside. The contractor promised to sort the matter.

On Kabuusu-Bunamwaya- Lweza road, the two were also taken to court for offloading construction material on someone’s land without their consent and damaging their property in the process. Court has since issued an injuction blocking works on the affected portion of the road.

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