Wakilii

Twesigye v Mbabazi (Revision Cause No. 7 of 2019)

High Court · [2019] UGHCLD 69 · 2019 Revision Allowed — Transfer Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revision from a ruling of Grade One Magistrate refusing to dismiss suit on jurisdictional grounds
Decision
Matter transferred to Chief Magistrates Court of Wakiso for hearing by Chief Magistrate within that court's pecuniary jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck off the respondent's affidavit for being filed out of time. The Court held that a Grade One Magistrate lacks power to order cancellation of a certificate of title under the Registration of Titles Act s.177, but may hear a land recovery claim with the successful party applying to the High Court for consequential orders. However, the trial Magistrate exceeded her pecuniary jurisdiction (UGX 20,000,000 limit) where the subject matter was valued at UGX 26,000,000. The Court ordered transfer of the matter to the Chief Magistrate's Court, which has jurisdiction up to UGX 50,000,000, rather than dismissing the suit.

Outcome

Matter transferred to Chief Magistrates Court of Wakiso for hearing by Chief Magistrate within that court's pecuniary jurisdiction

Facts

The respondent filed Civil Suit No. 156 of 2016 in the Chief Magistrate Court of Wakiso seeking declaratory orders of ownership and cancellation of titles for two plots of land in Busiro Block 269 registered in the applicant's name, valued at UGX 26,000,000 in the aggregate based on sale agreements. The respondent's cause of action was fraud and trespass. The matter was assigned to a Grade One Magistrate whose pecuniary jurisdiction is limited to UGX 20,000,000. The applicant raised a preliminary objection that the court lacked jurisdiction to cancel titles. The Grade One Magistrate dismissed the objection, ruling that she had jurisdiction to hear claims of fraud and trespass, could grant certain divisible orders, and could make recommendations to the High Court for cancellation of title. The applicant brought this revision application challenging the ruling on grounds that the Magistrate exercised powers illegally and lacked pecuniary jurisdiction.

Issues

  1. Whether the respondent's affidavit in reply was properly filed and should be struck off for being out of time.
  2. Whether the trial Magistrate had jurisdiction to hear a suit seeking cancellation of a certificate of title.
  3. Whether the trial Magistrate exceeded her pecuniary jurisdiction by hearing a suit whose subject matter exceeded UGX 20,000,000.

Orders

  • Respondent's affidavit in reply struck off the record for being filed out of time.
  • Case file transferred to the Chief Magistrates Court of Wakiso at Wakiso for hearing before the Chief Magistrate.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Time Limits — Filing Affidavit in Reply
An affidavit in reply to an application must be filed within 15 days of service. Where the affidavit is filed out of time and no leave was sought to file out of time, the affidavit will be struck off the record. The fact that a deponent was out of the country does not excuse counsel from seeking leave to file out of time.
Civil Procedure — Jurisdiction — Power to Cancel Certificate of Title
Under the Registration of Titles Act s.177, power to order cancellation of a certificate of title is exclusive to the High Court. A Magistrate's Court has no power to grant an order of cancellation of title. However, this does not bar a Magistrate's Court from hearing claims for recovery of land. Where a Magistrate's Court grants an order for recovery of land, the successful party may apply to the High Court for consequential orders, including cancellation of title.
Civil Procedure — Jurisdiction — Divisibility of Prayers
A Magistrate's Court has jurisdiction to hear a land dispute and grant orders within its competence even where the plaint includes prayers for consequential orders beyond its jurisdiction. Prayers are divisible and the court may grant certain orders and decline to grant others where it lacks jurisdiction to do so.
Civil Procedure — Jurisdiction — Pecuniary Jurisdiction of Grade One Magistrate
Under the Magistrates Courts Act Cap 16 s.207(b), a Grade One Magistrate has jurisdiction where the value of the subject matter does not exceed UGX 20,000,000. The value of the subject matter is determined from the plaint and annextures attached thereto, not from estimates in the written statement of defence.
Civil Procedure — Jurisdiction — Objection to Jurisdiction Based on Illegality
An objection to jurisdiction based on illegality may be raised at any stage of proceedings and is not defeated by failure to raise it at the earliest opportunity. A court cannot sanction what is illegal and illegality once brought to the attention of the court overrides all questions of pleading including admissions made thereof.
Civil Procedure — Transfer of Suit — Suit Filed in Court with Jurisdiction
Where a suit is properly filed in a court with jurisdiction (e.g. Chief Magistrate's Court) but is subsequently assigned to a judicial officer without jurisdiction to hear it (e.g. Grade One Magistrate), the proper remedy is to transfer the suit to the appropriate judicial officer within the same court, not to dismiss the suit. A suit filed in a court without jurisdiction is a nullity and cannot be transferred, but this principle does not apply where the court itself had jurisdiction and only the assigned judicial officer lacked it.

Legislation cited (11)

Cases cited (12)

  • Stop and See (U) Ltd v Tropical African Bank (HCMA No. 333 of 2010)
  • Stirling Civil Engineering Limited v Abram Kitumba Peter Mulangira Lutaya & Others (Misc. Appl. No. 1164 of 2018)
  • David Kabungu v Zikabenga & Others (HCMA No. 39 of 1969)
  • Petronilla Omal v Godfrey Obbo Ondhoro & Anor (HCMA No. 174 of 2013)
  • Darlington Kampama v The Registrar of Titles (HCMC No. 12 of 2013)
  • Umar Asuman v Olila Moses (HCCR No. 1 of 2006)
  • Re Ivan Mutaka [1981] HCB 28
  • Gladys Nyangire Karumu v Mohammed Kaliisa & Anor (HCMA No. 731 of 2015)
  • Kiir Deng Kiir v The Administrator of the Estate of the Late James Katubale Kagudde Nukasa (HCMA No. 67 of 2018)
  • Lilians v Caltex Oil (Kenya) Ltd [1986-1989] 305 CAK
  • Desai v Warsama (1967) EA 351
  • Makula International Ltd v His Eminence Cardinal Nsubuga & Another [1982] HCB 111

Full judgment

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

Twesigye_v_Mbabazi_(Revision_Cause_No._7_of_2019)_[2019]_UGHCLD_69_(5_December_2019)
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.