Wakilii

Joel Sekabanja v Wasswa Shakuru and Another (Miscellaneous Cause No. 163 of 2022)

High Court · [2025] UGHCLD 393 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revision of a Local Council II Court judgment under Sections 83(a) and 98 of the Civil Procedure Act and Section 40 of the Local Council Courts Act 2006
Decision
Application for revision dismissed; LC II Court judgment stands

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that Local Council II Courts have original jurisdiction in land matters under Section 76A of the Land Amendment Act 2004, which prevails over the Local Council Courts Act 2006. The LC II Court properly exercised jurisdiction as a court of first instance. Application dismissed.

Outcome

Application for revision dismissed; LC II Court judgment stands

Facts

The applicant Joel Sekabanja brought an application seeking revision of a judgment delivered by Lukwanga Local Council II Court on 15th July 2022 concerning a land dispute. The respondents, Wasswa Shakuru and Nakato Edith, were siblings and beneficiaries of the estate of the late Muwemba Matayo Kabunga, who owned the suit kibanja in Nabukalu Parish, Wakiso District. The applicant had sued the respondents in the LC II Court for trespass to land, and judgment was given in favour of the respondents declaring them lawful owners of the kibanja. The applicant challenged the LC II Court's jurisdiction, arguing that under the Local Council Courts Act 2006, only LC I Courts (village courts) have original jurisdiction in land matters, and that the LC II Court misdirected itself by hearing the matter as a court of first instance.

Issues

  1. Whether the Local Council II Court of Lukwanga had jurisdiction to hear the land matter as a court of first instance.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Administrative Law — Local Council Courts — Jurisdiction in Land Matters — Conflict Between Land Amendment Act 2004 and Local Council Courts Act 2006
Where there is an apparent conflict between Section 76A of the Land Amendment Act 2004, which confers original jurisdiction in land matters on Parish or Ward Executive Committee Courts (LC II Courts), and Sections 10 and 11 of the Local Council Courts Act 2006, which appear to vest original jurisdiction in Village Local Council Courts (LC I Courts), the Land Amendment Act prevails as 'any other written law' contemplated by Section 10(1) of the Local Council Courts Act 2006.
Statutory Interpretation — Implied Repeal — Application of Section 13(1) of the Interpretation Act
The general principle that a later statute impliedly repeals an earlier conflicting statute does not apply where the later statute expressly provides that it is subject to 'any other written law'. In such cases, Section 13(1) of the Interpretation Act applies, and references to repealed provisions must be construed as references to re-enacted provisions, with necessary modifications to reflect changes in institutional nomenclature.
Administrative Law — Local Council Courts — Binding Precedent — Court of Appeal Authority on LC II Jurisdiction
The Court of Appeal decision in Nalongo Burashe v Kekitiibwa Mangadalena (Civil Appeal No. 89 of 2011) is binding authority that Parish or Ward Executive Committee Courts (LC II Courts) have original jurisdiction in land matters under Section 76A of the Land Amendment Act 2004, notwithstanding the provisions of the Local Council Courts Act 2006.

Legislation cited (13)

Cases cited (6)

  • Mutonyi Margret Wakyalo v Tito Wakyala & Ors [2011] UGHC 117
  • Nalongo Burashe v Kekitiibwa Mangadalena (Civil Appeal No. 89 of 2011)
  • Busingye Jamiya v Mwebaze Abdu and Another (Civil Revision No. 033 of 2011)
  • Uganda Revenue Authority v Uganda Electricity Board (HCT-CA-001-2006)
  • Kariapper v Wijesinha [1968] AC 716
  • David Ssejaaka Nalima v Rebecca Musoke (Civil Appeal No. 12 of 1985)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Joel_Sekabanja_v_Wasswa_Shakuru_and_Another_(Miscellaneous_Cause_No._163_of_2022)_[2025]_UGHCLD_393_(25_November_2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.