Muholi v Wanyonyi
Muholi v Wanyonyi (Civil Appeal 5 of 1990) [1991] UGHC 40 (25 January 1991)
The purported appeal to the High Court was incompetent as leave to appeal had neither been sought nor granted, contrary to Section 232(1)(c) of the Magistrates Courts Act, 1970. However, the proceedings in the lower courts were marred by procedural irregularities, including improper service, hearing dates confusion, and an excessive and unlawful award of costs and special damages. The High Court, invoking its inherent powers under Section 101 of the Civil Procedure Act and guided by precedent, determined that it must intervene to prevent substantial injustice and abuse of process. Accordingly…
Source excerpt
- Leave To Appeal
- Inherent Powers Of Court
- Setting Aside Illegal Orders
- Excessive Costs Award
- Retrial Order