THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT SOROTI
HCT-09-CV-REVISION ORDER CR. NO. 004/2012
EDOKU GILBERT ..........................................................APPLICANT
VERSUS
OKWII LEUBEN..........................................................RESPONDENT
REVISION ORDER
BEFORE: HON JUSTICE MUSOTA STEPHEN.
Through M/S Ewatu & co. Advocates the applicant, Edoku Gilbert filed this application by way of Notice of Motion for revision under s. 83 (a) of the CPA and 0 52 rr 1 & 2 CPR.
The grounds for the application are that:-
The LC. II Court of Kamuda Parish exercised jurisdiction not vested in it in law when it handled a civil land dispute as a court of first instance between the applicant and the respondent Okwii Leuben. That this rendered the decision of LC. II Court Kamuda null and void.
In his submission Mr. Ewatu learned Counsel for the applicant reiterated the contents of the application.
I agree with the submissions by Mr. Ewatu that jurisdiction of Courts of law is a creature of statute. And under S.II (1) of the Local Council Courts Act 13 of 2006 it is enacted that:-
“(1) Every suit shall be instituted in the first instance in
a village local Council court, if that court has jurisdiction
in the matter within the area of whose jurisdiction.
- The defendant actually resides at the time of the
Commencement of the suit; or
- Where the cause of action in whole or in part arises; or
- In the case of a dispute over immovable property where
the property is situated.”
This legal provision is echoed under Regulation 32 of the Local Council Courts Regulations 2007 (S1 2007 No. 51). It provides that:-
“32 (i) Every suit shall be instituted in the first instance in
a village Local Council Court .............................”
- In the case of a dispute over immovable property, where the property is situated.”
The LC.II Court of Kamuda Parish had no jurisdiction to act as a court of first instance. Whatever it did without jurisdiction was a nullity. The said judgment and attendant orders are set a side.
I will order that a retrial be conducted in a court of competent jurisdiction and within the law. This application is allowed with ½ of the costs of the application.
Musota Stephen,
JUDGE
21.6.2012.
21.6.2012 : The Ruling Delivered in open court.
Musota Stephen
JUDGE.
21.6.2012.