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Uganda decisions
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Kabyanga Rogers v Mukiibi Bashir and Muwonge Abbey (Revision Cause No. 14 of 2023) [2025] UGHCLD 93 (17 June 2025)
The High Court set aside a consent judgment for exceeding a chief magistrate’s pecuniary jurisdiction and ordered the suit transferred to the Land Division.
Kadala Haidali v Kakembo Micheal and Others (Miscellaneous Application 93 of 2024) [2025] UGHC 309 (31 March 2025)
The High Court reinstated a dismissed transfer application after finding sufficient cause for non-appearance, but dismissed the reinstated application as moot.
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…
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Omuut and Others v Okello (Miscellaneous Application 3 of 2022) [2023] UGHCCD 167 (6 June 2023)
The High Court found that the trial magistrate grade one exercised jurisdiction not vested in her by transferring Civil Suit No. 015 of 2018 to the High Court, as the value of the land in dispute (UGX 250,000,000) exceeded her pecuniary jurisdiction of UGX 20,000,000. The magistrate also failed to exercise jurisdiction by not ruling on the preliminary objections, particularly the objection on jurisdiction, which is fundamental and must be addressed immediately. The court held that a suit filed in a court without jurisdiction is a nullity and cannot be transferred. However, the High Court decl…
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Dega v Uganda Revenue Authority (Miscellaneous Cause 4 of 2023) [2023] UGHC 316 (5 May 2023)
The High Court dismissed an application to transfer and amend a concluded magistrates’ court suit after finding the suit had been dismissed for want of prosecution.
Awati v The Miscrofinance Support Centre Limited (Miscellaneous Application 7 of 2015) [2023] UGHC 346 (21 February 2023)
The Grade 1 Magistrate's Court lacked jurisdiction to hear the suit because the value of the subject matter (Ugshs.335,000,000/-) far exceeded the statutory pecuniary limit of Ugshs.20,000,000/-. Jurisdiction is strictly a matter of law and cannot be conferred by the parties or by error. The proceedings in the Magistrate's Court are therefore a nullity. The proper remedy is to transfer the case to the High Court, which has unlimited jurisdiction in civil matters. The application for transfer is granted, and each party is to bear its own costs.
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Kadra v Otule and Others (Miscellaneous Application 178 of 2020) [2022] UGHCCD 309 (17 August 2022)
The High Court may only transfer suits from subordinate courts if those suits were originally filed in courts with proper jurisdiction. In this case, the applicant's suit was filed in the Chief Magistrate's Court, which lacked pecuniary jurisdiction over the subject matter at the time of filing. The subsequent appreciation in land value does not retroactively confer jurisdiction. The applicant's attempt to transfer the suit is an abuse of process, as the issue of jurisdiction should have been resolved in the lower court. The law is clear that jurisdictional defects cannot be cured by transfer…
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Nsimbe v Sentongo and 11 Others (Miscellaneous Application No. 904 of 2021) [2022] UGHCLD 16 (7 February 2022)
The court held that the law governing dismissal for want of prosecution is Order 17 Rule 5 of the Civil Procedure Rules, which provides that a suit abates after six months of inactivity following the mandatory scheduling conference. In this case, the applicant, as plaintiff, failed to take any steps to prosecute the suit after filing the joint scheduling memorandum, and neither he nor his counsel attended the scheduled hearing. The court found that there is no legal requirement for a plaintiff whose suit has been dismissed for want of prosecution to demonstrate sufficient cause for non-attend…
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Kaye Twaha v Kigozi Ahamada (HC Miscellaneous Application No. 394 of) [2021] UGHCLD 49 (31 March 2021)
The High Court refused to transfer a land matter from the Chief Magistrate’s Court, finding no proof that the subject property had changed from kibanja to titled land.
Lubega & Another v Uganda Broadcasting Corporation & Another (MISCELLANEOUS APPLICATION NO. 589 OF 2019) [2020] UGHCCD 73 (29 April 2020)
The application for review fails because the Applicants did not plead any specific value for general damages in their plaint, and the only ascertainable amount was UGX 7,193,100 for special damages, which falls within the jurisdiction of the Magistrate's Court. The law requires parties to specify the value of the subject matter to establish jurisdiction, and general damages not quantified cannot be used for this purpose. No error or mistake apparent on the face of the record was established; the Applicants' dissatisfaction with the transfer order is a ground for appeal, not review. The High C…
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