Odoo Vs Omara (CIVIL APPEAL No. 4 OF 2012) [2019] UGCA 22 (4 April 2019);


Search Summary: 

This was an appeal from the decision of the
high court in which the trial judge dismissed
the suit and awarded the costs to the
respondent. This appeal arose from the local
council court which was appealed to the chief
magistrate and further to the high court on a
matter of jurisdiction which subsequently
dismissed it hence this further appeal on the
grounds of limitation of time, improper
evaluation of evidence and the jurisdiction of
the local council court.

Headnote and Holding: 

The court held that as the third appellate court,
it I required to deal with matters of law alone.

That this being a third, it could only be
commenced with a certificate from the high
court which was not complied with. Since
jurisdiction is a creature of statute, the court of
appeal didn’t have the jurisdiction to hear the
appeal and the preliminary objection succeeds
and the appeal was dismissed.


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