Wakilii

Musinguzi Alwyn Carl Garuga v Kagasha Joshua [2026] UGHCCD 166

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application from Chief Magistrate's Court ruling on preliminary objection
Decision
Matter remitted to Chief Magistrate's Court of Nakawa at Luzira for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the revision application, holding that pecuniary jurisdiction is determined by the liquidated claim stated in the plaint at the time of filing, not by unliquidated or general damages claimed in witness statements. The trial Magistrate Grade I properly exercised jurisdiction over a claim of UGX 11,500,000, which fell within the statutory limit of UGX 20,000,000. The court further held that the applicant's complaints regarding the finding of a cause of action and corporate personality were matters of law and fact for appeal, not revision under Section 83 of the Civil Procedure Act.

Outcome

Matter remitted to Chief Magistrate's Court of Nakawa at Luzira for hearing on merits

Facts

The respondent instituted Civil Suit No. 194 of 2022 against the applicant and two others for breach of contract and recovery of UGX 11,500,000, being loan processing fees allegedly paid to Waymaker Capital Ltd. The respondent claimed the applicant never processed the promised loan and blocked his calls. When the matter came for hearing, the applicant raised a preliminary objection that the plaint disclosed no cause of action. On 14 June 2024, the trial Magistrate overruled the objection, finding that the plaint disclosed a cause of action. The applicant then filed this revision application, arguing that the trial court lacked pecuniary jurisdiction because the total claim including general, exemplary, and punitive damages exceeded UGX 20,000,000, and that there was no cause of action against him personally as all dealings were through a company.

Issues

  1. Whether the affidavit in reply filed out of time should be struck out.
  2. Whether the trial Magistrate Grade I exercised jurisdiction not vested in it in law by entertaining a claim exceeding UGX 20,000,000.
  3. Whether the trial Magistrate acted illegally or with material irregularity in finding a cause of action against the applicant.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.
  • Civil Suit No. 194 of 2022 remitted to the Chief Magistrate's Court of Nakawa at Luzira for hearing on merits.

Rules and key headnotes

Civil Procedure — Pecuniary Jurisdiction — Determination by Liquidated Claim in Plaint
Pecuniary jurisdiction of a Magistrate's Court is determined by reference to the liquidated claim stated in the plaint at the time of filing, not by unliquidated or general damages claimed in witness statements or other interlocutory documents filed during proceedings.
Civil Procedure — Revision — Scope of Section 83 of the Civil Procedure Act
The revisionary jurisdiction under Section 83 of the Civil Procedure Act is limited to questions of jurisdiction alone, irregular exercise of jurisdiction, or illegal assumption of jurisdiction. It does not extend to correcting errors of law or fact where the question of jurisdiction is not involved.
Civil Procedure — Revision — Erroneous Decisions Not Subject to Revision
Where a court has jurisdiction to determine a question and has determined that question, it cannot be said to have acted illegally or with material irregularity merely because it reached an erroneous decision on a question of fact or law. Such errors are matters for appeal, not revision.
Civil Procedure — Extension of Time — Affidavit in Reply Filed Out of Time
The High Court has discretion under Order 51 Rule 6 of the Civil Procedure Rules to extend time for filing an affidavit in reply where there is no proof of service of the application on the respondent and where the interests of substantive justice require validation of the late filing.
Administrative Law — Jurisdiction — Nullity of Proceedings Without Jurisdiction
Jurisdiction of courts is a creature of statute. A court cannot exercise jurisdiction not conferred upon it by law. Whatever a court purports to do without jurisdiction is a nullity ab initio, and a person affected by it is entitled to have it set aside ex debito justitiae.

Legislation cited (5)

Cases cited (19)

  • Stop and See (U) Ltd v Tropical African Bank (HCMA No. 333 of 2010)
  • Patrick Senyondwa v Lucy Nakitto (HCMA No. 1103 of 2018)
  • Serefaco Consults Ltd v Euro Consult BV (Civil Application No. 16 of 2007)
  • Kabale District Local Government Council v Musinguzi (2006) 2 EA 131
  • Turyatemba John v Tumwebaze Andrew & Anor (HCMC No. 092 of 2019)
  • In Re Christine Namatovu Tebajjukira [1992-1993] HCB 85
  • Elias Waziri & 2 Ors v Opportunity Bank (U) Ltd (Misc. Application No. 599 of 2013)
  • Climax Coaches Ltd v Mobi Key and Bus Limited & 2 Others, Miscellaneous Application No. E592 of 2022
  • Kugundu & Anor v Barclays Bank (U) Ltd (HCCS No. 475 of 2007)
  • Shamsherali Zaverbhai & Sons Ltd v Uganda Railways Corporation (HCCS No. 15 of 2008)
  • Karoli Mubiru and 21 Others v Edmond Kayiwa [1979] HCB 212
  • Peter Mugoya v James Gidudu & Anor [1991] HCB 63
  • R v Bolton (1841) 1 QB 66
  • Joseph Kalingamire v Godfrey Mugulusi [2003] KALR 408
  • National Housing and Construction v T N Bukenya (High Court Civil Appeal No. 02 of 2009)
  • Salomon v Salomon & Co Ltd [1897] AC 22
  • Kasumba v Shell (U) Ltd & Anor [2008] 2 HCB 189
  • Matemba v Yamulinga [1968] EA 643
  • Olegum Joseph v Arono Betty (Civil Revision No. 13 of 2011)

Full judgment

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Musinguzi Alwyn Carl Garuga v Kagasha Joshua 2026 UGHCCD 166 (15 May 2026)
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.