Wakilii

Rwamutiga Charles v Rev. Can. Gantunu Nyarino (Civil Revision 58 of 2023)

High Court · [2026] UGHC 356 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revision of LCII Court judgment and Chief Magistrate's ruling on execution
Decision
Application for revision dismissed with costs to the respondent

Observed later treatment

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Holding

The High Court dismissed the application for revision. The court held that the LCII Court had jurisdiction to hear the dispute concerning uprooting of boundary marks on customary land, as the land in question was not titled land. The Chief Magistrate acted lawfully and within jurisdiction in allowing execution of the LCII Court judgment under the Local Council Courts Act. The applicant's claim that the land was titled was found to be unsupported by the evidence.

Outcome

Application for revision dismissed with costs to the respondent

Facts

The applicant was sued in the LCII Court of Kikoni Ward in May 2023 for trespassing and uprooting boundary marks on the respondent's land. The LCII Court found in favour of the respondent on 12 May 2023. The respondent then filed an application in the Chief Magistrate's Court of Ntungamo to execute the LCII judgment, which was granted on 13 November 2023. The applicant sought revision, arguing that the LCII Court lacked jurisdiction because the land was titled. The respondent contended that the land was customary land (kibanja), not titled land. A surveyor's report dated 10 May 2023 and a report from the LCII chairman dated 9 September 2023 confirmed that the disputed land was customary land lying outside the respondent's titled property. The applicant's father had entered into a consent judgment with the respondent in 2007 concerning adjacent land.

Issues

  1. Whether the LCII Court acted ultra vires in assuming jurisdiction about removal and shifting of boundary marks over titled land.
  2. Whether consequently the entire proceedings and resultant orders of the Chief Magistrate's Court of Ntungamo are a nullity.
  3. What remedies are available to the parties.

Orders

  • Application for revision dismissed.
  • Costs awarded to the respondent.
  • Preliminary objection overruled.

Rules and key headnotes

Revision — Scope of High Court's Revisionary Powers — Section 83 Civil Procedure Act
The High Court's revisionary power under Section 83 of the Civil Procedure Act applies only to decisions of Magistrate Courts, not to decisions of Local Council Courts or administrative bodies.
Service of Process — Reinstatement of Application — Effect on Validity of Summons
Where a court allows an application for reinstatement of a previously dismissed application and sets a mention date, the reinstated application is properly before court without need for fresh summons or validation of the original summons.
Local Council Courts — Jurisdiction over Customary Land — Boundary Disputes
The LCII Court has jurisdiction to hear and determine disputes concerning uprooting of boundary marks on customary land (kibanja), as such matters fall within the court's jurisdiction over customary land disputes.
Local Council Courts — Jurisdiction — Titled Land versus Customary Land
Local Council Courts are excluded from jurisdiction over matters relating to registered land under Section 10(1)(b) of the Local Council Courts Act, but retain jurisdiction over customary land disputes.
Execution — Chief Magistrate's Role — Section 9(3) Local Council Courts Act
The Chief Magistrate acts lawfully and within jurisdiction when allowing execution of a Local Council Court judgment under Section 9(3) of the Local Council Courts Act, provided the underlying judgment was within the Local Council Court's jurisdiction.
Local Council Courts — Original Jurisdiction — Evolution of Legal Framework
Under the current legal framework, the village local council has original jurisdiction over land matters under Section 5(1)(e) of the Local Council Courts Act Cap 18, replacing the previous position under Section 76A of the Land Act which vested this power in parish/ward local councils.

Legislation cited (17)

Cases cited (11)

  • Peter Muso v James Gidudu and Another [1991] HCB 61
  • Karoli Mubiru and 21 Others v Edmond Kayiwa [1992] HCB 212
  • Muiib Juma v Adam Musa and 8 Others (Civil Appeal No. 53 of 2015)
  • Mugisha Moses v Rev. Canon Gantunu Nyarino (Miscellaneous Application No. 164 of 2024)
  • Mugisha Moses Mugyenyi V Rev. Canon Gantunu Nyarino delivered by Justice Nshimye Allan Paul M. on 30th June 2025
  • J Hoareau v R [1962] 1 EA 809
  • Mabalaganya v Sansa [2005] 1 EA 236
  • Mugisha Moses Mugyenyi v Rev. Canon Gantunu Nyarino (Civil Revision No. 1 of 2021)
  • Matemba v Yamulinga [1968] EA 641
  • Nalondo Burashe v Kekitiibwa Mangadalena (Civil Appeal No. 84 of 2011)
  • TwesiKyire Robert v Tulyasiibwe Julius (Civil Appeal No. 14 of 2021) [2025] UGHC 213

Full judgment

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

Rwamutiga Charles v Rev. Can. Gantunu Nyarino (Civil Revision 58 of 2023) [2026] UGHC 356 (16 March 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.