[2012] UGHC 129
The LC II Court of Labor Parish acted without jurisdiction as it was not the proper court of first instance for the dispute under Section II (1) of the Local Courts Act 2006. The proceedings and orders of the LC II Court are therefore a nullity and must be set aside. The matter should be retried in a court of...
Source-derived case information.
- Citation
- [2012] UGHC 129
- Parties
- Applicant: Kirya Mikolosi; Respondent: Kulabako John & 3 Others
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Hct-09-cv- Cr. No. 0005/2012
- Procedural Posture
- Revision Application / Ruling
- Outcome
- application allowed
- Judges
- Musota, J
- Legal Topics
- Jurisdiction of Local Councils, Revision of Lower Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirya Mikolosi
Applicant
Kulabako John & 3 Others
Respondent
Procedural Posture
Revision Application / Ruling
Legal Issues
- 1 Whether the LC II Court of Labor Parish had jurisdiction to entertain the dispute between the parties.
- 2 Whether the proceedings, decision, and orders of the LC II Court should be set aside.
Ratio Decidendi
The LC II Court of Labor Parish acted without jurisdiction as it was not the proper court of first instance for the dispute under Section II (1) of the Local Courts Act 2006. The proceedings and orders of the LC II Court are therefore a nullity and must be set aside. The matter should be retried in a court of competent jurisdiction.
Court Disposition
application allowed
Orders
- The judgment and orders of the LC II Court of Labor Parish are quashed and set aside.
- A retrial is ordered in a court of competent jurisdiction.
Full Case Text
Judgment text and source record
17 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA**
**AT SOROTI**
**HCT-09-CV- CR. NO. 0005/2012**
**KIRYA MIKOLOSI......................................................................... APPLICANT**
**VERSUS**
**KULABAKO JOHN & 3 OTHERS...................................................... RESPONDENT**
**RULING**
**BEFORE: HON JUSTICE MUSOTA STEPHEN.**
The applicant Kirya Mikolosi filed this application for revision through M/S Ewatu and Co. Advocates. The orders sought to be revised are those of the LC. II Court of Labor Parish delivered on 27th February, 2012.
The grounds for revision as contained in the Notice of Motion are that:-
1. The said LC. II court of Labor Parish exercised jurisdiction not vested in law. 2. It is just and equitable that the said proceedings decision and orders be set aside.
After considering the submissions by Mr. Ewatu I am in a agreement with him that the LC. II court of Labor Parish had no jurisdiction to act as a court of first instance in a dispute between the parties hereto under Cr. S. II (1) of the Local Courts Act 2006 the LC.1 court regained their authority as courts of 1st instance where matters have to be instituted if the local Council court have jurisdiction.
By entertaining the dispute without jurisdiction the decision of the said LC. II Court was a nullity and has to be set aside. The judgment and orders of LC. II court of Labor parish LC. II court is quashed and set aside. A retrial is ordered in a court of competent jurisdiction.
Musota Stephen,
JUDE,
9.7.2012.