Jurisdiction Cases
Jurisdiction Cases
Jurisdiction Cases
Counsel for the applicant argued that in 2002 when the trial magistrate entertained
the dispute, s. 207 (1) (c) of the Magistrates Courts Act (MCA) limited the jurisdiction
of Grade II magistrates to causes where the subject matter had a maximum value of
shs 500,000/=. Counsel advanced his argument by stating that by 2002, the piece of
land that was in dispute which measured 800 x 400 ft. must have had a value higher
than shs 500,000/=. That as a result the trial magistrate entertained the dispute
illegally and that his decision is a nullity.
SUPREME COURT CASE
In Abdul Komakech Vs Uganda, on 8th March 1988, Ouma, J. convicted the appellant
in the High Court of simple robbery, contrary to sections 272 and 273(1) of the penal
code. He sentenced him to six years imprisonment. The appellant was in addition
ordered to receive six strokes of cane and to compensate the complainant in the sum
of shs. 55,000/= which was alleged to have been taken from her by the robbers. The
other mandatory order for police supervision was not made when it should, under
Section 123 of the Trial on Indictments decree. The appellant brought his application
to the supreme court on the lack of evidence by the prosecution that he had
committed the offence. Wambuzi C.J as he then was decided that accordingly, we
quash the conviction and set aside the sentence and orders of the lower court and
order that the appellant shall be set free forthwith unless he is otherwise lawfully
held.
COURT OF APPEAL CASE