Wamayeye v Masambu (HCT-04-CV-CR-0003-2011) [2012] UGHC 93 (16 May 2012);


Search Summary: 

In this case the applicant sought court for a revision order against the judgment of the
lower court. This was after court entered judgment in favor of the respondent in
respect of the claim prayed for.

Headnote and Holding: 

Court considered whether the order for revision of the judgment should be given as
prayed for by applicant. Court held that it would grant the order for revision. Court
was satisfied from its findings that magistrate grade one did not have pecuniary
jurisdiction to decide on the case given the claims of mesne profits and financial loss
were way beyond the known pecuniary jurisdiction of the court as granted by law.
Furthermore there is no way trial court could enter judgment under O.9 r.6 or 8 of the
civil procedure rules yet the claim was not a liquidated one. For that matter the default
judgment could not be allowed to stand.
Accordingly court referred the suit back to trial court for a fresh trial.


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