Facts
The plaintiff filed a civil suit in Bunda District Court claiming shs. 280,460/00 being the value of diverse merchandise allegedly delivered to the respondent upon contract. The C district magistrate heard the suit and decided it. The resident magistrate, on noting the case, forwarded it with recommendations for revision to the High Court.
Held: (i) The High Court revisional powers under section 79(1) of the Civil Procedure Code of 1966 are limited to cases where no appeal lies and issues such as whether the subordinate court has exercised jurisdiction not vested or, if vested, whether it has failed to exercise the same or has acted illegally or with material irregularity.
(ii) revision taken under the magistrates court act of 1984 has no limitation.
(iii) the trial magistrate lacked pecuniary jurisdiction to entertain the matter and the proceedings are a nullity.
Case Information
Order accordingly
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