Susan Byenkya v Byaruhanga Efurazia (Revision Application No. 5 of 2021) [2022] UGHC 42 (8 November 2022)
Court
High Court of Uganda
Case number
Revision Application No. 5 of 2021
Judge
Wagona, J
The High Court found that the Chief Magistrate acted with material irregularity and illegality by quashing the LC2 Court's judgment for want of jurisdiction without giving the applicant a proper opportunity to be heard. The court held that, under the Land (Amendment) Act, 2004 and the Local Council Courts Act, 2006, LC2 Courts have original jurisdiction to hear and determine land disputes as courts of first instance. The Chief Magistrate's failure to conduct formal proceedings and to ensure the applicant was served and heard constituted a miscarriage of justice. The High Court exercised its r…
Mushabe and 2 Others v Kajuna and 2 Others (Revision Application No. 93 of 2005) [2022] UGHC 37 (23 August 2022)
Court
High Court of Uganda
Case number
Revision Application No. 93 of 2005
Judges
Zeija, PJ
The High Court held that the lower court lacked jurisdiction in a land dispute, treated the proceedings as a nullity, and awarded compensation for illegally attached cattle.
Uprona Party and Others v A.G. of Burundi and Another (Application 4 of 2014) [2014] EACJ 138 (15 August 2014) (First Instance Division)
Court
East African Court of Justice
Case number
Application 4 of 2014
Judge
Lenaola JA, Mkwawa JA, Ntezilyayo JA
The Court determined that the prayers sought by the Applicants, particularly those seeking to declare the Commission incompetent and to mandate ordinary courts to handle all land disputes, were final in nature and could not be granted as interim relief at the interlocutory stage. The Commission is a statutory institution established by the Legislature of Burundi and has been functioning for several years. There was insufficient persuasive material to justify suspending the law or disrupting the Commission's operations without a full hearing on the merits. Granting such orders would prejudge t…
The Uprona Party and Others v A.G. of Republic of Burundi and Another (Application 4 of 2014) [2014] EACJ 25 (15 August 2014) (First Instance Division)
Court
East African Court of Justice
Case number
Application 4 of 2014
Judge
Lenaola JA
The East African Court of Justice refused interim relief seeking to suspend Burundi’s land commission law, holding the requested orders were effectively final and premature.
Etegu v Igonu & 2 Ors (Miscellaneous Application No. 0011/2009) [2011] UGHC 44 (19 April 2011)
Court
High Court of Uganda
Case number
Miscellaneous Application No. 0011/2009
Judge
Oguli-Oumo, J
The High Court found the LC II court lacked first-instance jurisdiction over the land dispute and ordered mandamus, damages, costs, and striking out of two respondents.