Namatovu v Kakande (Small Cliams Procedure Revision 3 of 2023)
Namatovu v Kakande (Small Cliams Procedure Revision 3 of 2023) [2024] UGCommC 92 (26 April 2024)
The High Court found the application competent, confirming its revisionary powers over small claims under Section 83 of the Civil Procedure Act and Rule 4(4) of the Judicature (Small Claims Procedure) Rules. The trial magistrate had jurisdiction to hear the claim, as the subject matter was the recovery of UGX 8,000,000, not enforcement of collateral. The applicant's purported counterclaim was merely an elucidation of her defence and did not constitute a separate cause of action. However, the trial magistrate's enforcement of an agreement resulting in a 400% interest rate over 8 months (600% p…
Source excerpt
- Small Claims Revision
- Friendly Loan Dispute
- Pecuniary Jurisdiction
- Equitable Mortgage
- Unconscionable Interest
- Counterclaim Procedure