[2012] UGHCCD 12
The High Court found that the Children and Family Court had acted outside its jurisdiction by entertaining and determining a dispute over family land, as its mandate is restricted to issues of child care and protection. The proper forum for land disputes is the Local Council Court, Magistrate’s Court, or High Court,...
Source-derived case information.
- Citation
- [2012] UGHCCD 12
- Parties
- Applicant: Kusemererwa George Francis; Respondent: Yozefu Baguma
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- CIVIL REVISION No. 003 OF 2008
- Procedural Posture
- Civil Revision / Ruling
- Outcome
- orders of the Children and Family Court set aside; parties advised to proceed before a competent court; no costs awarded
- Judges
- Owiny-Dollo, J
- Legal Topics
- Jurisdiction of Family Court, Family Land Disputes, Child Care and Protection, Court Powers in Land Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kusemererwa George Francis
Applicant
Yozefu Baguma
Respondent
Procedural Posture
Civil Revision / Ruling
Legal Issues
- 1 Whether the Children and Family Court had jurisdiction to determine a dispute over family land.
- 2 Whether the orders made by the Children and Family Court should be set aside.
Ratio Decidendi
The High Court found that the Children and Family Court had acted outside its jurisdiction by entertaining and determining a dispute over family land, as its mandate is restricted to issues of child care and protection. The proper forum for land disputes is the Local Council Court, Magistrate’s Court, or High Court, depending on the value and nature of the land. Consequently, the High Court set aside the orders of the Children and Family Court and directed the parties to seek redress before a court with competent jurisdiction.
Court Disposition
orders of the Children and Family Court set aside; parties advised to proceed before a competent court; no costs awarded
Orders
- The order of the Children and Family Court is set aside.
- Parties are advised to proceed before a court seized with jurisdiction over the matter.
Full Case Text
Judgment text and source record
14 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA; AT FORT PORTAL**
**CIVIL REVISION No. 003 OF 2008**
**(From the ruling of Godfrey Bideeba Mag. Grade II, in FPT–CV–FCC–0034 of 2007)**
**KUSEMERERWA GEORGE FRANCIS } ..…………………………………………… APPLICANT**
*VERSUS*
**YOZEFU BAGUMA }................................................... RESPONDENT**
**BEFORE: - THE HON. MR. JUSTICE ALFONSE CHIGAMOY OWINY – DOLLO**
**RULING**
The Respondent herein had filed a complaint on oath in the Children and Family Court of Fort Portal; seeking to be authorized to sell off a portion of land which he claimed to be family land but which he claimed the Applicant herein was disabling him from selling. The Magistrate Grade II of the Court heard and determined the matter in favour of the Applicant (Respondent herein). The matter was brought to the attention of this Court for revisionary orders. Both counsels for the Applicant and Respondent addressed Court; and Mr. Musana for the Respondent proposed that the matter be disposed of by consent and it be placed before another Magistrate for retrial.
It is quite evident that the Family and Children Court handled what it had no jurisdiction over, as this was a land dispute. This went beyond the issue of child care and protection which are the civil matters the Court is permitted to handle. The complainant ought to have brought this dispute before the L. C. Court, Magistrate’s Court, or High Court depending on the value or nature of the land in issue. The Children and Family Court was therefore not seized with jurisdiction; hence I set aside the order of that Court, and the parties are advised to proceed before a Court seized with jurisdiction in the matter. I however decline to award costs as the parties are one family; and are all lay persons who, without legal counsel, ought to have been guided by Court. Each party shall bear his costs here and in the Court below.
**Alfonse Chigamoy Owiny – Dollo**
**JUDGE**
**18 – 06 – 2012**