Uganda Case Law

Musisi v Namakula & Anor

Musisi v Namakula & Anor (MISCELLANEOUS APPLICATION NO. 303 OF 2016) [2016] UGHCCD 141 (20 October 2016)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 303 OF 2016

Judge

Luswata, J

The High Court cannot transfer an election petition that was filed in a court without jurisdiction, as jurisdiction is a fundamental legal requirement and not a mere technicality. The powers of the High Court to transfer cases under Section 18(1) of the Civil Procedure Act and Section 218 of the Magistrates Courts’ Act are limited to matters that were properly and legally filed in a court clothed with jurisdiction. Since the Chief Magistrate’s Court lacked jurisdiction to hear election petitions for LCIII Chairpersons under Section 138(1) of the Local Government Act, the petition was a nullit…

Source excerpt

• Jurisdiction Of Courts
• Transfer Of Cases
• Election Petitions Lciii
• Procedural Errors
• Powers Of High Court

Gasita Balaba v Kibi Bakuseka (HCCA NO. 5 OF 1988)

Gasita Balaba v Kibi Bakuseka (HCCA NO. 5 OF 1988) [1993] UGHCCD 3 (1 November 1993)

Court

HC: Civil Division (Uganda)

Case number

HCCA NO. 5 OF 1988

Judge

Kato, J

The High Court held that the trial magistrate grade I acted without jurisdiction in continuing a case that was partly heard by a magistrate grade II, as there was no lawful transfer of the case between magistrates of different grades. The procedures set out in the Magistrates Courts Act and Civil Procedure Act for such transfers were not followed, and the chief magistrate's directive did not authorize the grade I magistrate to hear the case. The difference in procedural rules between magistrates of different grades further rendered the assumption of jurisdiction improper. This was not a mere…

Source excerpt

• Jurisdiction Of Magistrates
• Transfer Of Cases
• Procedural Irregularity

Rex v Masakuye (Confirmation Case No. 191 of 1939)

Rex v Masakuye (Confirmation Case No. 191 of 1939) [1938] EACA 160 (1 January 1938)

Court

East African Court of Appeal

Case number

Confirmation Case No. 191 of 1939

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ, Thacker J

The court upheld the transfer of a part-heard criminal case, but set aside a conviction for an uncharged offence because section 174 could not cure the defect.

• Transfer Of Cases
• Conviction On Alternate Offence
• Jurisdiction Of Magistrates
• Procedural Irregularities
• Criminal-procedure
• Transfer-of-cases