Nakawesi v Pride Microfinance Limited (MDI)
Nakawesi v Pride Microfinance Limited (MDI) (Civil Suit 72 of 2021) [2023] UGHCCD 247 (31 August 2023)
The court found that the cause of action, being negligence, arose at the defendant's branch in Kabalagala, Kampala District, not Masindi. Section 15 of the Civil Procedure Act prescribes that suits should be filed where the defendant resides or where the cause of action arose, which in this case is Kampala. The pecuniary value of Ush. 5,164,533 falls within the jurisdiction of a Grade 1 Magistrates Court as per section 207 of the Magistrates Courts Act (as amended). The High Court's unlimited jurisdiction must be exercised in conformity with written law, and there was no valid claim for gener…
Source excerpt
- Territorial Jurisdiction
- Pecuniary Jurisdiction
- Transfer Of Suit
- Negligence Claims