Court name
High Court of Uganda
Judgment date
9 July 2012

Edoku v Okwii (HCT-09-CV-REVISION ORDER CR-2012/4) [2012] UGHC 125 (09 July 2012);

Cite this case
[2012] UGHC 125

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

AT SOROTI

HCT-09-CV-REVISION ORDER CR. NO. 004/2012

EDOKU GILBERT ..........................................................APPLICANT

VERSUS

OKWII LEUBEN..........................................................RESPONDENT

REVISION ORDER

BEFORE: HON JUSTICE MUSOTA STEPHEN.

 

Through M/S Ewatu & co. Advocates the applicant, Edoku Gilbert filed this application by way of Notice of Motion for revision under s. 83 (a) of the CPA  and 0 52 rr 1 & 2 CPR.

 

The grounds for the application are that:-

 

The LC. II Court of Kamuda Parish exercised jurisdiction not vested in it in law when it handled a civil land dispute as a court of first instance between the applicant and the respondent Okwii Leuben.  That this rendered the decision of LC. II  Court Kamuda null and void.

 

In his submission Mr. Ewatu learned Counsel for the applicant reiterated the contents of the application.

  I agree with the submissions by Mr. Ewatu that jurisdiction of Courts of law is a creature of statute.  And under S.II (1) of the Local Council Courts Act 13 of 2006 it is enacted that:-

                        “(1) Every suit shall be instituted in the first instance in

                              a village local Council court, if that court has jurisdiction

                              in the matter within the area of whose jurisdiction.

  1. The defendant actually resides at the time of the

Commencement of the suit; or

  1. Where the cause of action in whole or in part arises; or
  2. In the case of a dispute over immovable property where

the property is situated.”

This legal provision is echoed under Regulation 32 of the Local Council Courts Regulations 2007 (S1 2007 No. 51).  It provides that:-

 

                       “32 (i) Every suit shall be instituted in the first instance in

          a village   Local Council Court .............................”

  1. In the case of a dispute over immovable property, where the property is situated.”

 

The LC.II Court of Kamuda Parish had no jurisdiction to act as a court of first instance.  Whatever it did without jurisdiction was a nullity.  The said judgment and attendant orders are set a side.

 

I will order that a retrial be conducted in a court of competent jurisdiction and within the law.  This application is allowed with ½ of the costs of the application.

 

Musota Stephen,

JUDGE

21.6.2012.

 

21.6.2012 :  The Ruling Delivered  in open court.

 

 

Musota Stephen

JUDGE.

21.6.2012.