Opoka Odwong V Gulu Local Government (Misc. Civil Appeal No. 4 of 1996) ((Misc. Civil Appeal No. 4 of 1996)) [1996] UGHC 9 (1 April 1996);


Search Summary: 

This was an application of the suit from the Magistrates court to the high court on the grounds that the value of the subject matter had exceeded the jurisdiction of the lower court.

Headnote and Holding: 

The court held that Transfer of cases from one court to another which this application seeks is a relief which is not provided for under O. 6 rr.17 and 18 of the CPR. It is provided for under section 18 (1) of the Civil Procedure Act. The procedure for bringing the application to court is covered under O. 48 rr 1 of the CPR. By bringing the instant application under O.6 rr17 and 18 of the CPR, the applicant had violated O.48 rr1 of the CPR. This rendered the application improperly before court. That before a case can be properly transferred from one court to another, the case had in the first instance  brought to a court which has jurisdiction.


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