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Uwimana Bag Centre (U) Ltd and Others v GMK East Africa Limited and Another (Revision Cause No. 19 of 2023)

High Court · [2025] UGHCCD 206 · 2025 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application from judgment of Nakawa Chief Magistrate's Court Civil Suit No. 057 of 2020
Decision
Judgment of lower court set aside; matter remitted to Chief Magistrate at Nakawa for proper trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that proceedings conducted by magistrates grade one who lacked pecuniary jurisdiction over a matter valued at UGX 22,600,000 (exceeding their UGX 20,000,000 limit) were null and void. A Chief Magistrate cannot build upon such void proceedings to deliver judgment. The Chief Magistrate failed to exercise jurisdiction vested in her under Magistrates Courts Act s.220(2) and (3) by not forwarding the record to the High Court for revision, and acted illegally by purporting to write judgment based on nullity. Judgment set aside and matter remitted for proper trial.

Outcome

Judgment of lower court set aside; matter remitted to Chief Magistrate at Nakawa for proper trial

Facts

The respondents filed suit in Nakawa Chief Magistrate's Court claiming UGX 22,600,000 in total from the applicants for transportation fees. The applicants filed a counterclaim for the same amount plus taxes. The matter was heard by two successive Magistrates Grade One, whose pecuniary jurisdiction was capped at UGX 20,000,000. The second Magistrate Grade One realized she lacked jurisdiction and referred the matter to the Chief Magistrate for further management. Without hearing the matter afresh, the Chief Magistrate wrote and delivered judgment on 14 July 2023 based on the proceedings of the two Grade One Magistrates. The applicants sought revision on grounds that the Grade One Magistrates lacked jurisdiction and the Chief Magistrate failed to exercise jurisdiction properly by not hearing the matter denovo or forwarding it to the High Court.

Issues

  1. Whether the application discloses sufficient grounds for revision of the record in Nakawa Civil Suit No. 057 of 2020.
  2. What remedies are available to the parties.

Orders

  • The record in Nakawa Civil Suit No. 057 of 2020 is revised and the judgment, decree and orders therein are set aside.
  • The matter is remitted to the Chief Magistrate at Nakawa to conduct a proper trial and determination of the same.
  • The applicants shall be paid half of the costs of the application by the respondents.

Rules and key headnotes

Civil Procedure — Jurisdiction — Pecuniary Jurisdiction — Proceedings Conducted Without Jurisdiction
Any proceeding undertaken and any order passed by a court or tribunal without jurisdiction is a nullity and not simply voidable. Such judgment, decree or order is of no legal consequence and may be set aside at any time by the court in which it was rendered or declared void in any court in which it is presented. Jurisdiction cannot be conferred by consent of the parties and waiver cannot make up for lack of jurisdiction.
Civil Procedure — Magistrates Courts — Pecuniary Limits — Magistrate Grade One
Where a suit valued at UGX 22,600,000 exceeds the pecuniary limit of a Magistrate Grade One (UGX 20,000,000 under Magistrates Courts Act s.206(1)(b)), proceedings conducted by such magistrate are null and void for want of jurisdiction.
Civil Procedure — Magistrates Courts — Chief Magistrate — Powers on Discovery of Want of Jurisdiction
A Chief Magistrate has no power to set aside proceedings taken by a Magistrate Grade One, however illegal or irregular they may be. When such illegality or irregularity is brought to the attention of the Chief Magistrate, the power vested under Magistrates Courts Act s.220(2) and (3) is to forward the record to the High Court with such remarks as the Chief Magistrate thinks fit, for correction. A Chief Magistrate cannot build upon void proceedings to deliver judgment.
Civil Procedure — Affidavits — Hearsay Evidence — Revision Causes
A revision cause is not an interlocutory matter but an original cause. It exists independent of any other matter pending in the High Court and is filed by invoking specific jurisdiction under Civil Procedure Act s.83. In accordance with Civil Procedure Rules Order 19 r.3(1), a deponent to an affidavit in a revision cause must confine themselves to matters within their knowledge and are barred from deposing to facts based on information and belief.
Civil Procedure — Revision — High Court Powers — Exercise Without Formal Application
When exercising its function of revision, the High Court is empowered to examine and scrutinize the record of the lower court for correctness. This power is exercisable even without a formal application by the aggrieved party, provided the court hears both parties on the matter.

Legislation cited (13)

Cases cited (4)

  • Paul K Ssemwogerere and Another v Attorney General (Constitutional Petition No. 3 of 1999)
  • Dr Kizza Besigye v Museveni and Another (SC Election Petition No. 001 of 2001)
  • Gabula v Wakidaka (HCCA No. 29 of 2006)
  • Assanand & Sons (U) Ltd v East African Records Ltd (1959) EA 360

Full judgment

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

Uwimana Bag Centre (U) Ltd and Others v GMK East Africa Limited and Another (Revision Cause No. 19 of 2023) [2025] UGHCCD 206 (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.