Masereka v Muhindo (Misc Cause No. 20 of 2018)
Masereka v Muhindo (Misc Cause No. 20 of 2018) [2023] UGHCCD 42 (17 February 2023)
The High Court found that the application for review was incompetent because the law restricts such applications to the court that passed the decree or made the order. The Applicant sought review of the Magistrate Grade One's orders in the High Court, which lacks jurisdiction for such review under Section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules. The statutory framework and case law confirm that review must be sought in the trial court. Consequently, the application was dismissed for want of jurisdiction.
Source excerpt
- Review Of Execution Orders
- Jurisdiction Of Review
- Consent Judgment Enforcement
- Error On Face Of Record