Nov 6, 2020

Advocates brought this application against the respondents jointly or / and severally under Articles 26,27 and 28 of the Constitution of Uganda, Sections 33 and 38 of the Judicature Act; Cap. The Judge observed that the action in trespass was as well is maintainable under the Common Law of Torts. In determining this matter, I will make reference to a similar case of Koboko District Local Government versus Okujjo Swali Misc. I do not therefore agree with the preposition by the Learned Trial Magistrate that this type of cause of action is one where he held unlimited jurisdiction. It suffices to note that it is the applicant’s long occupation of the suit premises and business that has accorded the suit land reputation, invaluable value and good will. This was the case in Desai versus Warsaw (1967) EA 351. Download: 2019-zwmsvhc-54.docx. 2019-zwmsvhc-54.pdf. This application is supported by the affidavit evidence. In view of the findings under the Cross Appeal, that Court had no jurisdiction. The Act provided as follows: Subject to this Act and other written law, the jurisdiction of Magistrates presiding over Magistrate’s Courts for trial and determination of causes and matters of a civil nature shall be as follows:  “A Chief Magistrate shall have jurisdiction where the subject matter of the dispute does not exceed fifty million shillings and shall have unlimited jurisdiction in disputes relating to conversion, damage to property or trespass. The calls for racial justice throughout the United States have strengthened our resolve and accelerated our efforts to promote DEI as a fundamental force for creating thriving communities for the future. Counsel for the applicant contended that there are triable issues in the main suit and the applicant is entitled to the grant of this application. If what the Cross Appellant raises is found in the affirmative, it has an effect of disposing of even the main appeal. Today in the Judiciary, High Court of Uganda. What Are the Parts of Division. All that is required to be proved is that there is a serious issue to be tried by Court and that, that issue is neither frivolous nor vexatious. 487 is the dividend; 32 is the divisor The proceeds from the loan were to enhance the family business in order to raise money to continue maintaining the minors who were still studying. These principles are also cited in the recent decision of the Court of Appeal of Uganda Nasser Kiingi and Another Versus Attorney General and two others. Instead of getting the report, Court was informed that the Defendants/Respondents had not participated because they objected to Court’s jurisdiction. 133 OF 2013) GAPCO UGANDA LIMITED ::::: APPLICANT . The Appellant raised 3 grounds of appeal namely; By way of cross appeal, the Cross Appellant raised two grounds of appeal namely; Arising from the cross appeal, the memorandum raises a question of law which touches the entire root of the trial. Justice Richard Buteera, will be leading a team of Justices; Hon. High Court Land Division ; Labour Appeal Court ; Labour Court; Legislation. It is on this premise that the Respondents and their assailants have orchestrated all these illegalities and frauds to frustrate and illegally deprive the applicant of its rights to the suit property and violate its rights to privacy and quite enjoyment of its lease on the suit land, Counsel for the applicant submitted. The said land has been successfully recovered from one Ibulaimu Kabanda Kironde who was the 1st defendant in Mpigi Chief Magistrate’s court Civil Suit No. The effect is that as in Mugoya versus Gidudu & Anor (supra) which held that: ‘A judgment of Court without jurisdiction is a nullity. Furthermore, Section 4 of the Civil Procedure Act provides that; “Except in so far as is otherwise provided, nothing in this Act, shall operate to give any Court jurisdiction over suits the amount of value of the subject matter of which exceeds the pecuniary limits if any of its ordinary jurisdiction”. In the Watchtower case a religious organisation applied for special consent from the Rural Council on land that was zoned for agricultural usage. “A Magistrate Grade 1 shall have jurisdiction where the value of the subject matter does not exceed twenty million shillings”. (See the Ruling). LAND DIVISION. With the benefit of the facts of this case set forth herein and the affirmations of Kaweesa Badru, it is clear that there is a strong case and serious questions to be investigated, tried and determined by this Court and thus the applicant has discharged the burden to prove that it has a prima facie case within the meaning of the authorities cited above. MR. JUSTICE BASHAIJA K. ANDREW. Looking at the plaint, the Plaintiff did not reveal the pecuniary equivalent value of the property, but described it as trespass on land comprised in Bulemezi Block 1026 plot 2300 Nyimbwa – Luwero. 817 OF 2016) [2017] UGHCCD 61 (1 March 2017); Sempebwa v Kampala Capital City Authority (MISCELLANEOUS APPLICATION NO.1512 OF 2014) [2016] UGHCLD 69 (14 July 2016); Natayi v Barclays Bank of Uganda Ltd (MA No. The Deputy Chief Justice, Hon. Did the Magistrate have jurisdiction in the matter? FREE COVID-19 Legislative Updates. He referred the Court to Shanzu Investments Ltd v the Commissioner of Lands Civil Appeal No. FAKRUDIN VALLIBHAI KAPASI; FAZLEHUSEIN KAPASI ::::: PLAINTIFFS; VERSUS. Room E07 Royal Courts of Justice, Strand, London WC2A 2LL quoting the case number. Previously she was the Deputy Commissioner of Real Estate Management Division overseeing and managing the real estate portfolio for the City of Philadelphia (5th largest City at the time), which included all acquisitions, dispositions, leases and land (vacant & occupied). This holding arose from a preliminary objection raised at the commencement of the hearing by Counsel for the Respondents/ Cross Appellants that the trial Grade I Court did not have jurisdiction to entertain the subject matter relating to the suit land comprised in Bulemezi Block 1026 Plot 2300 about 8.734 hectares whose value exceeded shs. MR.JUSTICE JOPSEH MURANGIRA. The Court has jurisdiction to entertain the matter and I hold so”. Numbered Acts; Subsidary Legislation; Government Gazette Notice ; Explanatory Memoranda; Journals. The applicant through its lawyers Kalenga, Bwanika, Ssawa & Co. VIZ; LUWERO DISTRICT ADMINISTARTION VS . It is trite law that if the Court is in doubt on any of the above two principles, it will decide the application on the balance of convenience. The appeal is dismissed. [ARISING FROM WOBULENZI CIVIL SUIT NO. ... Ugandan Law (ULII) Zambian Law (ZamLII) Zimbabwean Law (ZimLII) Free Foreign Law. The respondents through M/s Lukwago & Co. However, on the disintegration of the East African Community, the East Africa Court of Appeal was dissolved. Where the order is made in the Queen's Bench Division. ULI Hawaii provides solutions to highly technical and difficult land use issues. Dates of Hearing: 18/06/19, 15/08/19, 17/08/19, 11/10/19, 12/11/19 Date of Judgement: 09/03/2020 Summary The case before me is challenging the Lessor’s actions to purport to evict a sitting tenant on unfounded allegations of non-payment of rent. The effect of this finding is that all the orders the Learned Trial Magistrate gave in that Ruling, which are the subject of the Plaintiffs/Appellants contentions, cannot stand. The resultant cadastral system is concerned with information and data about human division of the land into parcels for purposes of ownership and use. In the present appeal this court’s record bears a letter from the assistant registrar of the High Court’s Land Division ref LDCA/09/12 and dated 10th July 2013 that seeks certified copies of the judgment and record of proceedings in question from the trial court. Box CT 6931, Cantonments, Accra, Ghana. Though at the trial, the Defendant brought to the attention of Court that it had no jurisdiction to try the matter because the value of this land is over shs. DCJ for Lira Criminal Appeals Session. MAMOSA MOLAPO 3RD RESPONDENT JUDGEMENT Coram: Banyane AJ. Cause No.4/2012 and Karoli Mubiru & 21 Others versus Edmund Kayiwa [1979] HCB 212, Mugoya James Gidudu & Anor [1991] HCB 63. The Ruling arose from proceedings whereby, following a preliminary objection raised by the Defendants/Cross Appellants, the trial Magistrate delivered a ruling, which is the subject matter of this appeal and cross appeal. This is a misunderstanding of the law and procedure because a preliminary objection that the Court has no jurisdiction, may be raised at any time. Uganda is a landlocked country located in East Africa with an estimated population of 44,309,694. Dated at Kampala this 28th day of May, 2013. MR.JUSTICE JOPSEH MURANGIRA . 13, Section 98 of the Civil Procedure Act, Cap.71; Order 41 rules 1 and 2, and Order 52 rules 1, 2 and 3 of the Civil Procedure Rules, S.I. Download. (ARISING OUT OF CIVIL SUIT No. The original certificate of record in respect of that land was never produced in court, but a copy thereof was appended to the Plaint as Annexure B. The claim founded on trespass in my view is not subject to the value Counsel was alluding to. More like this. Needless to say, the tort of trespass to land is committed not against the land but against the person who is in actual or constructive possession of the land”. I have perused the submissions by both counsel and my quick considered view is that the submissions by both parties go deep in to the roots of the main suit. The jurisdiction of the Magistrate’s Courts is laid out in the Magistrate’s Courts Act as amended by Act 7 of 2007. The Supreme Court of Uganda . In the instant case, the complaint by the applicant is directed at the method of trial. GAPCO Uganda Ltd v Kaweesa & Anor (MA No. This land is governed inter alia by the provisions of the Registration of Titles Act, and not by Civil Customary Law. (LAND DIVISION) CIVIL SUIT NO. The Learned Trial Magistrate therefore erred in law and in fact to grant himself jurisdiction in the matter. In Makula International versus His Eminence Cardinal Wamala Nsubuga [1982] HCB 24, Court held that; ‘Once an illegality is drawn to the attention of Court, it overrides all matters and such illegality cannot be allowed to stand’. Download: 2020-zwhhc-225.docx. Jurisdiction of Court can only be granted by law. In grounds one and two, the dispute is essentially over the status of a plot of land within River Oli Division of Arua Municipality. The Uganda Legal Information Institute (ULII) is an internet facility that provides the public with legal information relating to Uganda, with a view of promoting and supporting the rule of law. KAWEESA BADRU; SEMPALA OBADIAH ::::: RESPONDENTS . He alleges illegalities and irregularities in the conduct of the trial by the Court a quo. Australian Law. 20,000,000/- (twenty million only). At this stage, the Law does not require Court to delve into the merits of the main suit. I do agree and I find this case on all fours with the facts before me, where the suit was brought in trespass, arising from a landlord tenant relationship, governed by Statutory Land Law – and not Customary Law. There was no need to hide under the claim of trespass which in any case did not give him a right to confer jurisdiction on himself’. Counsel for the applicant submitted that the applicant has occupied the suit land for over 53 years as a sitting tenant and has over 36 year of a subsisting lease and in all this time he has diligently carried on the business of oil, gas and petroleum dealership/distribution. P.O. PW2 testified that he knew the Defendants only by name since they had never met physically. Until October 1977, the Court of Appeal of East Africa was the final appellate court in Uganda’s judicial system. The trial by the provisions of the High Court they are a nullity judicial system stated that the is... 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