Uganda Case Law

Musuhukye & Anor Vs Ntambara

Musuhukye & Anor Vs Ntambara (Civil Appeal No. 61 of 2012) [2019] UGCA 354 (22 October 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 61 of 2012

Judge

Muhanguzi, JA

The Court of Appeal found that the High Court erred in dismissing the application for revision on the basis that the matter should have been handled by appeal. The appellate court held that the trial magistrate's failure to call for oral evidence, reliance on a survey report concerning a different property, and lack of investigation into the substance of the dispute amounted to material irregularity and a denial of a fair hearing. These defects rendered the proceedings a mistrial, falling squarely within section 83(c) of the Civil Procedure Act. The High Court was therefore obliged to exercis…

Source excerpt

• Revision Procedure
• Mistrial
• Fair Hearing
• Land Ownership Disputes

Kasule v Fina Bank (U) Ltd & Anor

Kasule v Fina Bank (U) Ltd & Anor (Civil Revision No. 5 of 2015) [2015] UGHCLD 43 (16 December 2015)

Court

HC: Land Division (Uganda)

Case number

Civil Revision No. 5 of 2015

Judge

Bashaija, J

The High Court overruled preliminary objections to a revision application, holding that an advocate’s affidavit was not invalid for lack of a current practising certificate and was not hearsay.

• Affidavit Validity
• Jurisdiction Of Court
• Practicing Certificate Requirements
• Revision Procedure
• Affidavit-validity
• Practising-certificate