Susan Byenkya v Byaruhanga Efurazia (Revision Application No. 5 of 2021)
Susan Byenkya v Byaruhanga Efurazia (Revision Application No. 5 of 2021) [2022] UGHC 42 (8 November 2022)
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…
Source excerpt
- Local Council Court Jurisdiction
- Original Vs Appellate Jurisdiction
- Land Dispute Resolution
- Revisionary Powers
- Right To Be Heard