LAW DEVELOPMENT CENTRE

DEPARTMENT OF LAW AND CONTINUING LEGAL

EDUCATION
2023/2024 ACADEMIC YEAR
CIVIL PROCEDURE

TASKS FOR THIRD TERM

SUBMITTED BY:
REG NO. DLE/SEP/KLA/1658/2023
STUDENT NO.2301701658

1
Number One:
Civil procedure is the body of law that regulates the process that courts must follow when hearing
cases of a civil nature (a "civil action," as opposed to a criminal action). Civil procedure refers only to form
and procedure, and not to the substantive law that gives people the right to sue or defend a lawsuit. It can be
enacted by either the legislature or the courts. A procedural system provides the mechanism for applying
substantive law to real disputes. Such a system sets guidelines as to what information the judge or jury
receives, how that information is to be presented, and by what standards of proof (e.g., "beyond a reasonable
doubt," "by clear and convincing evidence," "by a preponderance of the evidence") the information will be
adjudged. An effective procedural system ensures that similar cases will be treated similarly by the courts
( http://www.law.cornell.edu/wex/civil_procedure )
In Uganda the laws relating to Civil Procedure are widely found in the Civil Procedure Rules, the Civil
Procedure Act Cap 71 as revised and consolidated by the Law Reform Commission of Uganda at 31
December 2000. Which provides that This Act shall extend to proceedings in the High Court and magistrates
courts as provided in Section 1 CPA.
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil
trials" concern the judicial resolution of claims by one individual or group against another and are to be
distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law.
Purpose of Civil Procedure.
The purpose of the civil Procedure is to determine the rights of those in a dispute who suffer from the wrong
by providing compensation in form of damages, or having the action that is causing the wrong stopped
(injunction), declaring for instance that land claimed by another person belongs to him or her. In some cases,
it may be that a contract was not completed and needs to be completed ( https://justicecentres.go.ug/what-is-a-
civil-case/)
Halsbury’s Laws of England, (2009) Volume 11, 5th Edition in paragraph 1(1), it is stated that;
“…... Civil procedural law governs the practice and procedure in the courts and regulates the administration of
civil justice. It may be regarded as consisting of three parts, not to be viewed as self-contained compartments
but as interrelated with, and overlapping and interacting upon, each other, namely the institutional part, the
professional part and the procedural part. Notwithstanding its apparent complexity and its occasional
technicality, civil procedural law forms an indispensable part of the machinery of justice and operates as an
essential tool for enforcing legal rights and claims, for redressing or preventing legal wrongs, for asserting
legal defences, and for such other ancillary purposes as the recognition of personal status, the adjustment of
proprietary interests in the case of insolvencies, the administration of estates and of trust property and the like,
and for the supervision and control of inferior courts, tribunals and other judicial decision-making bodies. In

1
short, civil procedural law is a necessary legal and social instrument for the attainment of what Lord
Brougham called 'justice between man and man'
Number Two:
Contents of the Plaint
These are stipulated under order 7 rule 1 of the civil procedure rules.
a) The name of the court in which the suit has been brought.
b) The name and description and the place of residence of the plaintiff and an address for service.
c) Where the plaintiff or defendant is a minor or person of sound mind, a statement to htat effort.
d) The facts constituting to the cause of action and when it arose.
e) The facts showing that the court has Jurisdiction.
f) The relief which the plaintiff claims.
g) Where the plaintiff has allowed to set off or relinquished a portion of his or her claims, the amount so
allowed or relinquished a statement of the value of the subject matter of the suit as the case admits.
In case where we have a specially endorsed plaint or suit where the plaintiff is claiming liquidated sums of
money due to him or her from the defendant. The sum claimed must be arising from a very clear circumstance
or transaction where the defendant would not have any defence to the suit.
Contents of a Defence
A defendant will be required to file a defence within 15 days where it must be written and filed by
tendering in a copy or other pleadings to the court and placing it to court records by delivering a duplicate of
the defence. Order & rule 19.
The defendant may within this tender in his or her counter claim or set off.

a) The name of court where the suit was opened.

b) Where the defendant is a minor, a statement to support this will arise.
c) The statements in defence of the cause of actions laid by the plaintiff.
d) Statement to allow the set off or negate it in case it was stated in the plaint.
where the defendant fails to tender in a defence within the time required by court, Court may either proceed
exparte depending on whether the claim is liquidated. This can be seen in kubibaire Vs Kakwenzire.

N0. 3a)
Mediation is when parties meet with a neutral person to help them with conflict
resolution. Mediation is one of several alternative dispute resolution methods (ADR) available to parties. It is
an alternative to resolving a legal dispute through a trial or court case. Unlike arbitration, a type of ADR

2
similar to a trial, mediation doesn't involve decision-making by a neutral third party. The parties can initiate
ADR procedures or be compelled by legislation, the courts, or contractual terms. Mediators are often lawyers.
They can also be other professionals who've gone through mediation training or a mediation program.
According to Rule 3 of The Judicature (Mediation) Rules 2013, mediation is the process through
which someone who is neutral facilitates communication between conflicting parties to help them to reach an
agreement. The rules made it mandatory for civil matters such as land, family disputes, among others to first
attempt mediation before being heard by the High Court and Subordinate Courts. In the case of Oola & 2 Ors
v Lanen (Civil Appeal No. 0018 of 2017) [2018] UGHCLD 74 (6 December 2018), His Lordship Hon Justice
Stephen Mubiru stated that: under rule 18 of The Judicature (Mediation) Rules, an agreement or partial
agreement may be endorsed by the court as a consent judgment.
3 (b) How is mediation done?
Under rule 4 of the Judicature (mediation) rule 2013) provides that the court shall refer civil matter for
mediation before processing trial.
A party to a civil suit is mandated to file a case summary with a court the time a filling pleadings and
the case summary shall include the person with authority who will be the lead negotiator for the party, the
name of the proposed mediator and the documents that the parties intend to rely on at the mediation, rule 5 of
the Judicature (Mediation) Rules, 2013.
The court within 14 days after pleading are for example notify the parties of the due date of
commencement of mediation. The mediation should be complete within 10 days after commencement
However, when there is alike hood of settlement of a civil action, the parties may agree of time not exceeding
10 days
If the parties agree, a consent Judgement is entered and it is forwarded to court. However where mediation
fails an unbiased mediator report is prepared and the matter is referred back to the mediation and file is
closed, rule 16 of the Judicature (Mediation) Rules, 2013
Mediation can only be handled by magistrate, a judge, registrar and a person accredited as a relevant
qualifications and experience in mediation and chosen by parties. "The mediator tries to resolve the issues at
hand through engaging the parties in meaningful negotiations to reach an agreed settlement. See Tender
Loving Things, Inc. v. Robbins.(2005 Cal. App. Unpub. LEXIS 3470)
No.3 (c)
Mediator is time saving compared to the time court uses to award a remedy.
Mediation is informal which helps to curb the formalities of court process ie any language of
convenience could be used.
Mediation reduces the load and burden of the courts of law which have multitudes of cases to handle.

3
 Mediation stores relationships of the disputing parties since it offers a platform for the disputing
parties to exhaust their matters.
Mediation is cheaper than the usual court process since it requires no legal representation.
Mediation offers remedies at agreement of the disputing parties which enables solutions outside court
process.
Mediation saves defendants the harsh methods of execution by court that would include detention in
case the disputing parties came to agreement.
No. 3(d)
Communication barriers; In mediations with particularly high-conflict behavior, the parties may
communicate aggressively and may find it difficult to remain in the joint session
Emotional barriers; Mediations often cause intense emotions, especially when the conflict is highly
personal, or one party believes that the other party is not bargaining in good faith. Hormonal changes occur
when people are under stress. Adrenaline production rises, and people experience a fight or flight reaction.
Information barrier; The mediator is sometimes given critical information unknown to the other side
on a confidential basis in a caucus session. The parties are often reluctant to share such information because if
it is shared in advance of trial, the other party will have time to prepare a response to lessen the impact of the
damaging evidence.
Cultural barriers; Mediators most times face a challenge of Racial, cultural, class, and other
differences which may create perceived power imbalances which may lead one party to perceive themselves
to be less powerful during the mediation process.
Strategic barriers; Most parties are reluctant to share their true bottom line out of fear that this will
be exploited by the opposing party.

No.4.
The procedure for filing a suit in court is provided for in O.5 CPR; Firstly, the Suit is to be
commenced by plaint. Every suit shall be instituted by presenting a plaint to the court or such officer as it
appoints for this purpose. Every plaint shall comply with the rules contained in O.5 & O.7 CPR so far as they
are applicable. The next step is the Registering of suits as provided for in O.5 r 2 stating that; the court shall
cause the particulars of every suit to be entered in a book to be kept for the purpose, and called the register of
civil suits. The entries in the register shall be numbered in every year according to the order in which the
plaints are admitted.
Upon filing the plaint, the defendant has to be issued with court summons requiring him or her to file the
defence within 15 days from the date of service.

4
Number 5.
The term Cause of Action has also been defined to refer to a set of facts or allegations that make the
case and they are averred by one party. In the case of Walakira v Ssengendo & Ors (Civil Suit No. 152 of
2018) [2019] UGHCFD 25 (11 September 2019) the learned Judge Olive Kazaarwe Mukwaya stated that:
Under O.7 r 11(a) of the Civil Procedure Rules, a plaint may be rejected by the court if it does not disclose a
cause of action. The Court of Appeal in Kapeka Coffee Works Ltd V NPART CACA No.3/ 2000 held that in
determining whether a plaint discloses a cause of action, the court must look only at the plaint and its
annexures if any and nowhere else. She further added that; In order to prove there is a cause of action, the
plaint must show that the plaintiff enjoyed a right; that the right has been violated; and that the defendant is
liable. If the three elements are present, a cause of action is disclosed and any defect or omission can be put
right by amending up the grounds for filing a lawsuit.
A Cause of Action is therefore by its very nature essential to a Civil Suit, since without a Cause of
Action a Civil Suit cannot arise. A cause of action is the set of facts averred by one party, the plaintiff if not
traversed by the defendant, entitles to the plaintiff a remedy, See Attorney General vs Major General David
Tinyefuza Constitutional Appeal No 1 of 1997. For example, in the case. A cause of action means every fact
which is material to be proved to enable the plaintiff to succeed or every fact which, if denied, the plaintiff
must prove in order to obtain judgment, See - Cooke -vs- Gull LR. 8E. P. page 116 and Read -vs- Brown, 22
QBD p.
Thus the importance of a cause of action in civil suit is to show that the plaintiff enjoyed a right; that
the right has been violated; and that the defendant is liable. If the three elements are present, a cause of action
is disclosed and any defect or omission can be put right by amendment, see See Tororo Cement Co Ltd V
Frokina International Ltd Civil Appeal No. 2/2001
The elements of the cause of action are set out in leading case of Auto garage Motokov (1971) EA 514
are:
1. the plaintiff has the right.
2. The right must be infringed.
3 the defendant must be liable.
The common law causes of action are; Breach of Contract, trespass both to land, trespass to person,
false imprisonment/ unlawful arrest, malicious prosecution, negligence, nuisance, liability institutes. The suit
against the defendant without a cause action, either the plaintiff plaint has to be rejected on filling or the suit is
dismissed with costs. See O. 7 r 11 (d) of the Civil procedure Rules
No.6 a).

5
 Scheduling a conference in court typically refers to setting a date and time for a meeting between the
parties involved in a legal case, as well as the judge or magistrate. The purpose of the conference is to discuss
various aspects of the case, such as upcoming hearings, deadlines for filing documents, and any other
procedural matters. It can also be an opportunity for the parties to attempt to resolve the case through
settlement negotiations or alternative dispute resolution methods. Scheduling conferences are a common part
of the pre-trial process in many court systems. Order 12 rule 1 provides for Scheduling conference. It is
intended to sort out points of agreement or disagreement, the possibility of mediation, arbitration and any
other settlement. It is mandatory to schedule conference under civil cases.
The procedure for scheduling conference has been provided for in Order XII of the civil procedure
rules which is as follows;
(1) The court shall hold a scheduling conference to sort out points of agreement and disagreement, the
possibility of mediation, arbitration and any other form of settlement.
(a) Within seven days after the order on delivery of interrogatories and discoveries has been made
under rule 1 of Order X of these Rules; or
(b) where no application for interrogatories and discoveries has been made under rule 1 of Order X of
these Rules, then within twenty-eight days from the date of the last reply or rejoinder referred to in rule 18(5)
of Order VIII of these Rules, except that the time may be extended on application to the court, showing
sufficient reasons for the extension.
(2) Where the parties reach an agreement, orders shall immediately be made in accordance with rules
6 and 7 of Order XV of these Rules. See Benon Kyeyune mukasa & Anor V Mugoda Patrick Miscellaneous
Application No. 178 of 2022
No 6 (b) Advantages of scheduling conference
A pre-trial conference or scheduling conference may be held prior to trial in both civil and criminal cases.
A pretrial conference may be conducted for several reasons which include
to expedite disposition of the case, help the court establish managerial control over the case,
discourage wasteful pretrial activities, improve the quality of the trial with thorough preparation, and to
facilitate a settlement of the case.
No. 7
The determination of whether a person is capable of suing or being sued is governed by the substantive
law. While most natural persons may sue or be sued, limitations exist with regard to certain types of natural
persons such as children, persons of unsound mind, Aliens and sovereign states.
Natural persons

6
 Natural persons who are mentally competent may sue or be sued without limitation except in cases of
death of such a person, when he or she may cease to exist as a party and actions on behalf of his or her estate
continued in a representative proceeding by the executors or administrators of the estate.
While alive, a natural person may be a party to a proceeding in his given, assumed or fictitious name.
When an alias is used a party should be described by using his proper names followed by the alias.
When a father and son have the same names, it will generally be assumed in absence of a prefix that
the father is intended.
When a son is sued or daughter is sued, the prefixes s/o or d/o will be used respectively. A party must
be described by name and not mere descriptions such as administrators of X's estate without naming the
individual administrators.
It is not legally possible for an agent to institute a suit in his or her own name without the principal's
authority. This was held in the case of Oriental Insurance Brokers Ltd Vs Trans Ocean Uganda Ltd H.C.C.S.
No. 250/93 unreported. See generally Order 3 of the CPR regarding recognized agents.
Suits By Minors
Minors cannot bring suits of their own accord until they attain the age of majority. A minor is a person
who has not attained the age of majority which may either be 18 or 21 depending on the jurisdiction.
Similarly, a minor cannot be sued in his or her own accord. See: Bibonde v Wasswa [1974] HCB 120; Kiddu
Musisi v Lyamulemye [1964] HCB 81; Kimera v Jiwani [1971] ULR 194; Art. 257(1) (c) Constitution, 1995
In such circumstances a minor sues by his or her next friend or defends by his or her guardian ad item.
See: Kabatooro v Namatovu [1975] HCB 159
Order 32 Rule 1 of the Civil Procedure Rules requires that every suit by a minor must be instituted in
his or her name by a next friend.
A next friend must sign a written authority which is to be filed together with the plaint (Order 32 rule
1(2) CPR. The next friend or guardian ad litem must act by an advocate who must certify that he knows or
believes the person to whom the certificate relates to be a minor and that the person consenting to be a next
friend or guardian ad item has no interest in the action which is adverse to that of a minor. See: Kasifa
Kiwanuka v Sulaiman Lubowa [1972] HCB 210 Order 1 rule 10(3) CPR provides that:
"No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under
any disability without his or her consent in writing to being added."
According to the case of Jingo v Kangiza 1974 H.C.B. 294, Court held that pleadings filed on behalf
of a minor without authority of a next friend will be taken off the file by the court. Where a minor is
represented by an advocate, and there is no authority of a next friend, if the plaint is taken off the file,

7
Number 8. (a)
(i) a person (natural)
O. 5 r 10.CPR deals with this and it provides for mode of serving summons upon a natural person.
Wherever it is practicable, service shall be made on the defendant in person, unless he or she has an
agent empowered to accept service, in which case service on the agent shall be sufficient. Service therefore
can be effected on the adult member of the defendant’s family.
However it’s important to note that Procedure when defendant refuses to accept service or cannot be found.
O5. r15. CPR.
Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, the
serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the
house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall
then return the original to the court from which it was issued with a report endorsed on it or annexed to it
stating that he or she has so affixed the copy, the circumstances in which he or she did so, and the name and
address of the person, if any, by whom the house was identified and in whose presence the copy was affixed.
(ii) A Company
Under O. 29 CPR. Service of the court process on a corporation is to be effected upon a principal
officer of the corporation. In the case of Augustine Okurut Vs Gerald Lwasa and Produce Marketing
Board [1988-90] HCB 164 it was held that service on the summons on the secretary of the general manager
was not effective and proper service on the company.
Further, the company can be served in other two ways, the above and another way is by leaving
summons at or by sending it by post to the registered office of the corporation or if there is no registered
office, then at the place where the corporation carries on business.
(iii) a soldier (UPDF)
Where the defendant is a soldier, he or she is served send the summons for service to his or her
commanding officer, together with a copy to be retained by the defendant. O. 5.r 20. (2) CPR.
(iv) a prisoner
Under O5 r19 CPR, where the defendant is confined in a prison the summons addressed to him or her
has to give the officer in charge of the prison for service on the defendant.

(v) a partnership
Service of summons on a partnership can be effected in different ways.
1. upon any one or more of the partners of the firm.
2. at the principal place at which the partnership business is carried on.

8
 3. upon any person having, at the time of service, the control or management of the partnership
business. O.30 r.3 CPR.

(vi) Attorney General

The suit by or against the government has to be instated by or against the Attorney General of Uganda
Section 11 of the Government Proceedings Act. Service of court process on the Attorney General is to be
effected by delivering or sending the summons to the Attorney General’s Chambers and is not be complete
until there is acknowledgment of service. Such acknowledgement must be by the Attorney General or a
lawyer practicing with the Attorney General. Thus, when the receipt of sermons are not acknowledged or
acknowledged by an office clerk in the Attorney General chambers, such service is regarded as improper. The
nature of summons served on the Attorney General is different in that the law allows government to file its
defence thirty days as opposed to fifteen days. Thus when Attorney General is sued jointly with other parties,
the court has to issue two types of summons.
Number 9.
Where the summons cannot be served on the Defendant in the ordinary way say the whereabouts of
the defendant is unknown or he or she went into hiding, the plaintiff can apply to court to be allowed to serve
summons onto the defendant by way of substituted service. this may include but not limited to an order that
summons be served by publishing them in a wide circulating newspaper, affixing a copy of it in some
conspicuous place in the courthouse, and also upon some conspicuous part of the house, if any, in which the
defendant is known to have last resided or carried on business or personally worked for gain, or in such other
manner as the court thinks fit.
Substituted service under an order of the court shall be as effectual as if it had been made on the
defendant personally. The procedure is by chamber summons exparte supported by the affidavit sworn by the
person who attempted and failed to serve the defendant in the ordinary manner.

No. 10.
Upon service of the summons, the process server has to prove service by swearing an affidavit of
service under O.5 r 16 CPR. He or she must attach the copy of summons to the affidavit of service. The
affidavit of service must state the circumstance under which the services were served short of which it is
rejected by the court and service is taken to be improper. In the case of Matiasi Kanimba Vs Suryankanti Patel
[1973] HCB 185 the Court held found that the process server had to state in his affidavit inter alia, the name
and address of the person, if any identifying the person served and witnessing the delivery or tender of the
summons. It was imperative to point out the person identifying the defendant.

9
 Where the plaintiff fails to serve the summons against the defendant and does not apply to court for
fresh summons within 1 year, the court may order that the suit be dismissed under O. 9 r 19 (1) CPR.
However, the plaintiff may subject to the law on limitation file a fresh suit under O9 r 19 (2) CPR.

Note. A defendant to whom a summons has been issued and served under may choose to file a defence in
person or by a recognised agent or by an advocate duly instructed. O. 5.r 1 (4 CPR.
No.11.
(a) Supreme Court
Section 4 of the Judicature Act provides that the supreme court has civil jurisdiction on appeals that lie
to it from such decisions of the Court of Appeal as are prescribed by the Constitution, this Act or any other
law.
Section 6 of the same act provides that Appeals to the Supreme Court in civil matters shall lie as of
right to the Supreme Court where the Court of Appeal confirms, varies or reverses a judgment or order,
including an interlocutory order, given by the High Court in the exercise of its original jurisdiction and either
confirmed, varied or reversed by the Court of Appeal.
(2) Where an appeal emanates from a judgment or order of a chief magistrate or a magistrate grade I in
the exercise of his or her original jurisdiction, but not including an interlocutory matter, a party aggrieved may
lodge a third appeal to the Supreme Court on the certificate of the Court of Appeal that the appeal concerns a
matter of law of great public or general importance, or if the Supreme Court considers, in its overall duty to
see that justice is done, that the appeal should be heard.
Section 7 also gives the Supreme Court powers of the court of original jurisdiction and provides that;
For the purposes of hearing and determining an appeal, the Supreme Court shall have all the powers, authority
and jurisdiction vested under any written law in the court from the exercise of the original jurisdiction of
which the appeal originally emanated
(b) Court of Appeal
Section 10 of the Judicature Act on Jurisdiction of the Court of Appeal provides that an appeal shall
lie to the Court of Appeal from decisions of the High Court prescribed by the Constitution, this Act or any
other law. Section 11 also provides that the Court of Appeal has powers of the court of original jurisdiction
and it is stated that For the purpose of hearing and determining an appeal, the Court of Appeal shall have all
the powers, authority and jurisdiction vested under any written law in the court from the exercise of the
original jurisdiction of which the appeal originally emanated.
Also Section 12 gives Powers to a single justice of the Court of Appeal by providing that A single
justice of the Court of Appeal may exercise any power vested in the Court of Appeal in any interlocutory

10
cause or matter before the Court of Appeal and any person dissatisfied with the decision of a single justice of
the Court of Appeal in the exercise of any power under subsection (1) shall be entitled to have the matter
determined by a bench of three justices of the Court of Appeal which may confirm, vary or reverse the
decision

(c) Constitutional Court

The Constitutional Court has original jurisdiction in matters concerning interpretation of the
Constitution (Article 137(1) of the Constitution) and appellate jurisdiction in respect of matters arising from
the High Court (Article 134(2) of the constitution).
(d) High Court
This is also called the Uganda High Court, is the third-highest judicial organ in Uganda, behind the
Court of Appeal of Uganda and the Supreme Court of Uganda. It has "unlimited original jurisdiction", with
powers to try any case of any value or of any magnitude (see Article 139 of the Constitution). These are
presided over by the Principal Judge and constitutes of judges of the High Court. It is also mandated to hear
all appeals from all Magistrate Courts. High Court judgments are appealable to the Court of Appeal of
Uganda
(e) Chief Magistrates Court
Section 207 (1)(a) of the MCA provides that subject to this Act and other written law a Chief
Magistrate shall have jurisdiction where the subject matter of the dispute does not exceed fifty million
shillings and shall have unlimited jurisdiction in disputes relating to conversion, damage to property or
trespass.
Subsection 2 provides that: "Notwithstanding subsection (1), where the cause or matter of a civil
nature is governed only by civil customary law, the jurisdiction of a Chief Magistrate shall be unlimited."
A Chief Magistrate exercises general powers of supervision of all magistrates' courts within the area of
his or her jurisdiction.
In exercising his or her powers of supervision a Chief Magistrate may call for and examine the
records of any proceedings before lower magistrates' courts. They have appellate jurisdiction from Grade II
courts i.e. They entertain appeals from the Grade II courts.
(f) Magistrate Grade I
These courts are presided over by Grade I Magistrates who must be qualified lawyers (Law Degree
and a Diploma in Legal Practice). They are ordinarily situated at the district headquarters but can be
distributed anywhere in the district depending on administrative convenience and as just may demand. Their
civil jurisdiction is limited to matters where the value of the subject matter does not exceed twenty (20)

11
million Uganda shillings; notwithstanding subsection (1) of Sec. 207 of the MCA, where the cause or matter of
a civil nature is governed only by civil customary law, the jurisdiction of a magistrate Grade I shall be limited.
(g) Magistrate Grade II
These are only permitted by the law to try civil cases whose value does not exceed Ugx.500, 000/=
See. s.207 (1) (c) of the Magistrates Courts Act. This level of magistrates is being phased out. It should be
noted that the territorial jurisdiction of Magistrates is governed by the Magistrates Courts (Magisterial Areas)
Instrument No. 11 of 2017 (Under the authority of section 2 of the MCA)
No.12
On the day for hearing, the plaintiff opens his or her case:
He/she addresses court informing that the matter is coming up for hearing and he or she is ready to proceed
with the hearing.
Examination in chief-
The plaintiff will have his or her witnesses sworn in by court and then examination in chief by his or
her carvel and it not represented by a lawyer then court will assist in examination in chief. The purpose of
examination in chief is to enable a witness to tell a coherent story through answering questions asked. During
examination in chief (Oral Evidence) the witnesses must, give direct evidence which is not hearsay.
In examination, only open ended questions are allowed while leading questions. Example of open
ended questions are those which start with What, When, how, where are not allowed heading questions are
those which suggest the answer expected from the witness.
Where a witness has filled witness statement the procedure is different. The Witness is sworn in by court and
shown his or her witness statement which he or she identifies and owns. Then he or she is handed over to the
defendant or his Counsel for Cross-examination
Cross-examination.
After the examination in chief of the plaintiff's witnesses, they are cross-examined by the defendant or
his or her counsel. The purpose of Crow-examination is to discredit or cast doubt in the evidence in chief the
same also can be used to challenge the credibility of the witness as someone who cannot be believed. Cross-
examination is wide and can extend beyond the scope of examination in chief. Leading questions are also
allowed and preferable made during cross-examination.
Re-examination.
After crass-examination of the plaintiff's witness, they are re-examined by the plaintiff counsel. Re-
examination is intended to mitigate the damage caused by cross-examination. Re-examination is only limited
to cross-examination in that no new matters can be introduced. Like examination in Re-examination chief
only open-ended questions are allowed during re-examination.

12
 After examination of the plaintiff's witness, the plaintiff will close his or her case, upon which the
defendant opens his or her case. The defendant witnesses are examined in the order stated above. After the
examination of the defendant's witnesses the defendant close his or her cave.
Final submissions.
After closure of the defendant’s case, the parties (especially when legally represented). Are required to
make submissions. Final submissions can be made orally or written. The plaintiff has the right of rejoinder.

Number 13.
a) Judgment
A judgment must contain a concise statement of the case (brief facts), the points for determination
(issues), the decision on the case and the reasons for the decision. Refer to O. 21 r 4 CPR. A judgment
pronounced by the judge who wrote it, the same has to be dated and signed by him or her in open court at
the time of pronouncing it. A judgment once signed cannot not afterwards be altered or added to except as
provided by under the law- Functus ofio.
b) Contents of decree.
The law provides that upon delivery of judgement, the decree follows. The decree is extracted by the
winning part and the same must conform to the content of the judgement.
The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions
of the parties (judgement creditor and judgment debtor) and particulars of the claim, and it shall specify
clearly the relief granted or other determination of the suit. Under O. 21 r.6 CPR
The decree shall also state by whom or out of what property or in what proportion the costs incurred in the
suit are to be paid.
The court may direct that the costs payable to one party by the other shall be set off against any sum which is
admitted or found to be due from the former to the latter.

Number 14.
The following property are liable to attachment and sale in execution of a decree, they are provided for
under Section 44 (1) CPA namely;
 hands,
 house or other buildings,
 goods,
 money,
 bank notes,

13
  cheques,
 bills of exchange,
 Promissory notes,
 Government securities,
 bonds or other securities for money,
 debts shares in a Corporation.
The properties not liable for attachment are similarly provided for under the same law provision
quoted above namely: a) the necessary wearing apparel, cooking Vessels beds and bedding of the judgement
debtor and of and children and such personal Ornaments as in accordance with religious Usage Cannot be
parted with by any woman.
(b) tools of artisans and where the judgment debtor is an agriculturalist, such implements of husbandry
and such livestock and agricultural produce not exceeding in value five hundred shillings as may, in the
opinion of the court, be necessary to enable him or her to earn his or her livelihood;
(c) books of accounts;
(d) a mere right to sue for damages;
(e) any right of personal service;
(f) stipends and gratuities allowed to pensioners of the Government, or payable out of any service
family pension fund as the Minister may, by statutory instrument, specify in this behalf, and political
pensions;
(g) the salary of any public officer, servant of a railway company or local authority, or any person
privately employed to the extent of
(i) the whole of the salary, where the salary does not exceed forty shillings monthly;
(ii) forty shillings monthly, where the salary exceeds forty shillings and does not exceed eighty
shillings monthly; and
(iii) one moiety of the salary in any other case;
(h) an expectancy of succession by survivorship or other merely contingent or possible right or
interest;
(i) a right of future maintenance;
(j) any fund or allowance declared by law to be exempt from attachment or sale in execution of a
decree, shall not be liable to attachment and sale.
15. List the items that must be included in application for execution for a decree.
On application for execution, is provided for under O.22 r 7 of CPR which provides that; where the
holder of a decree desires to execute it, he or she shall apply to the court which passed the decree, or, if the

14
decree has been sent under the provisions hereinbefore contained to another court, then to that court or to the
proper officer of that other court. Execution is the process of realizing the fruits of the judgement by enforcing
the decree against the unsuccessful party through anyone or more of Various Modes of execution au
prescribed by law. The successful party is called a decree holder or judgement & Creditor while unsuccessful
party is called a judgement debtor.
Similarly 0.22 r 8(2) CPR, provides that except as otherwise provided by subrule (1) of this rule, every
application for the execution of a decree shall be in writing, signed and verified by the applicant or his or her
advocate or by some other person proved to the satisfaction of the court to be acquainted with the facts of the
case, and shall contain in a tabular form the following particulars;
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any appeal has been preferred from the decree;
(e) whether any, and, if any, what, payment or other adjustment of the matter in controversy has been
made between the parties subsequently to the decree;
(f) whether any, and, if any, what, previous applications have been made for the execution of the
decree, the dates of those applications and their results;
(g) the amount with interest, if any, due upon the decree, or other relief granted by the decree, together
with particulars of any cross decree, whether passed before or after the date of the decree sought to be
executed;
(h) the amount of the costs, if any, awarded;
(i) the name of the person against whom execution of the decree is sought; and
(j) the mode in which the assistance of the court is required,

No. 16. Explain all the modes execution of execution of a decree.

The modes for execution of a decree have been provided for under O.22 r 8 subrule (2) (j) of CPR;
which states that the mode in which the assistance of the court is required, whether;
i) by the delivery of any property specifically decreed;
The general rule is that immovable property must be sufficiently identified and described i.e by
boundaries, or Block, Plot No. Place or location, and existing developments thereon. Attachment is made by
serving an attachment warrant expressing an order prohibiting the judgement debtor from transferring or
changing the property in any way and ordering such debtor to deliver up to court the duplicate certificate of
title to the property.

15
 A copy of the attachment is fixed at a conspicuous place on any part of the property
The intended sale shall be advertised capturing the sufficient details as to description of the property and
extent of existing developments thereon. The notice shall contain the conditions of sale O22 r.63 (3) CPR).
The sale shall be conducted after expiry of 30 days’ notice O.22 r 64 CPR On the auction date, a purchaser so
declared can pay instalments provided in the initial deposit is not less than 25% of the purchase value, but
shall complete the balance within 15 days (O.22 r 77 (1) CPR)
On receipt of the full balance the sale becomes absolute and the bailiff shall execute transfer
instruments in case of registered land, and immediately file a return to court. The proceeds shall be handled in
accordance with O.22 r 1 & 2 CPR
ii) by the attachment and sale,
This involves actual seizure of property from the judgement debtor which is taken into the hands of the
court and applied in the manner provided in the order of court to satisfy judgement of court. It is ordinarily
followed by sale. Section 38(b) Court can order execution of decree by attachment and sale. Attachment must
be done during day i.e. no person shall enter any dwelling house after sunset and before sunrise S.45 (1) CPA.
Reasonable force may also be used to gain access if the judgement debtor attempts to deny or delay
attachment S.45 (2) CPA.
Immediately after seizure, the court bailiff must apply to proceed to sell them. The sale must be held
within a reasonable time and be made for the best price reasonably obtained or by the sale without attachment,
of any property;
iv) by the arrest and detention in prison of any person;
A judgement debtor may be arrested in execution of a decree. S.40 CPA. Execution may come by way
of arrest in civil prison. Procedurally it goes by creditor applying to court to show cause under O.22 r 34 by
judgement debtor. This notice requires a debtor to show cause and give reasons why he should not be detained
civil prison. In the case of Hajj Hassa Bin Abdul vs Ramathan Rajab 1987 HCB 36 court found that before a
judgement debtor is imprisoned he should first be served with the notice to appear and show cause why he
should not be imprisoned under O.22 r 34. Court found that a civil warrant of arrest is designed for a civil
debtor how much he has to pay in order to avoid being sent to prison.
O. 22 r 36 judgement creditor is obliged to pay for the subsistence of judgement debtor in prison at
such a rate as court shall fix for its subsistence. Every person detained in prison in execution of a decree shall
not be detained for a period exceeding six months S.42 (1) CPA. However, the detention of the judgement
debtor doesn’t affect the liability to pay the decretal sum S.42 (2) CPA. Where the judgement debtor is
released from prison, shall not by reason of his release be discharged from his debt, but shall not be re-
arrested under the decree in execution of which he was detained in prison. S.42 (2) CPA.

16
 v) by the appointment of a receiver; or otherwise, as the nature of the relief granted may
require.
Application may be made to the court for an order for appointment of a receiver to receive rents,
profits and other income of the judgement debtor, which cannot conveniently be attached by the other
methods of execution.

No. 17a). What is the definition of an appeal?

An appeal is the complaint to a Superior Court of an injustice done or error Committed by an interior
one, whose judgement or decision the court above is called to correct or reverse.
b) Does an aggrieved party in civil matter have a right of appeal?
To be able to appeal, one must have a right of appeal. Right of appeal is creature of Statute in that
there must be a law allowing appeals. For example in the case of Shah Vs Attorney General and in the case of
Sempebwa Charles & 134 ors Vs Silverspring Hotel (1969) Ltd CACA NO 18 of 2003 (2007) HCB 65. Court
held that some appeals lie to the appellate court as a right and some with leave of the trial court. Where trail
court rejects the application for leave to appeal, the application is lodged in the appellate court.
c) What is the procedure for institution of civil appeal?
Notice of Appeal.
Every appeal commences with notice of appeal which must be filed within thirty days from the date of
the decree or order appealed against. On this effect it is clear stated in Section 78 of the CPA; that Except as
otherwise specifically provided in any other law, every appeal shall be entered (a) within thirty days of the
date of the decree or order of the court; or (b) within seven days of the date of the order of a registrar, as the
case may be, appealed against; but the appellate court may for good cause admit an appeal though the period
of limitation prescribed by this section has elapsed.
Request for record of proceedings.
The appellant is supposed to write a letter requesting for the proceedings to be able to prepare the
memorandum of appeal. The legal effect of the letter requesting for proceedings is that it freezes the time for
appeal which start to run when the record is communicated to be ready. The said letter has to be served on the
respondent and it is provided that; in computing the period of limitation prescribed by this section, the time
taken by the court or the registrar in making a copy of the decree or order appealed against and of the
proceedings upon which it is founded shall be excluded as provided in Section 79(3) CPA
Memorandum of Appeal.

17
 Under 0.43 r 1 CPR, provides that every appeal to the High Court shall be preferred in the form of a
memorandum signed by the appellant or his or her advocate and presented to the court or to such officer as it
shall appoint for that purpose. This has to be done within 30 days from the time of decision, see Section 79
CPA . Upon receipt of the memorandum of Appeal, the registrar of High court is expected to notify the lower
court and call for the file as provided in 0.43 r 10 CPR.
Service of the Memorandum & Appeal.
The memorandum of Appeal how to be served on to the respondent who is expected to file his/her
notice of Address.
d) Explain the contents of memorandum of appeal.
The contents are provided for under O.43 r 2 of CPR; the memorandum shall set forth, concisely and
under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative;
and the grounds shall be numbered consecutively.
Under rule 26 of Judicature (court of appeal rules) Directions; A memorandum shall set forth
concisely and under distinct heads, without argument or narrative, the grounds of objection to the decision
appealed against, specifying of appeal points which are alleged to have been wrongful decided and the nature
of the order which it is proposed to ask the court to make. The grounds of objection shall be numbered
consecutively.
A memorandum of appeal shall be substantially inform & in the first schedule to these Rules and shall
be signed by or on behalf & appellant.
17 e) What is timer within an appeal be logged?
For criminal cases, the appeal should be lodged within 14 days after the decision of court. For civil
cases, the appeal should be lodged within 30 days after the decision of the court. This has been provided for in
Section 76 Judicature (Court of Appeal Rules) Directions
18a) Define Revision.
Revision is a procedure in which the high court can revisit the proceedings of the magistrate's court. It
is provided to under Section 33 CPA which states that that; the High Court may call for the record of any case
which has been determined under this Act by any magistrate’s court, and if that court appears to have
exercised a jurisdiction not vested in it in law, failed to exercise a jurisdiction so vested, or acted in the
exercise of its jurisdiction illegally or with material irregularity or injustice, it is further stated that the High
Court may revise the case and may make such order in it as it thinks fit; but no such power of revision shall be
exercised unless the parties shall first be given the opportunity of being heard, or where, from lapse of time or
other cause, the exercise of that power would involve serious hardship to any person
b) Which court has jurisdiction to revise a decision?

18
 The high court may revise the case and make such order in it as it thinks fit, but No such power of
revision shall be exercised where, from the lapse of time or other cause, the exercise of that power would
involve serious hardship of any person, this has been provided for in Section 83 of CPA. See Elelu Samuel V
Eriono Charles Revision Application No.02 of 2022 arising from Civil Suit No.001 of 2012.
c) What are the grounds of revision?
The decision of lower courts maybe revised by the high court when a trial magistrate is alleged to have
failed to exercise his or her Jurisdiction or where he/she acts illegally or with material irregularity or unjustly.
Section 82 of CPA also provides on the same matter that; any person considering himself or herself aggrieved
by a decree or order from which an appeal is allowed by this Act, but from which no appeal has been
preferred, or by a decree or order from which no appeal is allowed by this Act, may apply for a review of
judgment to the court which passed the decree or made the order, and the court may make such order on the
decree or order as it thinks fit.
d) What is the procedure for commencement revision?
The procedure of commencement for revision is that an aggrieved party writes to the High court
registrar drawing his attention to irregularity of a subordinate court and request that the matter be brought
before a judge. See LDC VS. Edward Mugalu (1990-1991) 1 KALR 103. Also see s. 39(2) Judicature Act.
The second step is that the high court may call for the record of any case which has been determined
under this act by any magistrate court.
Then the registrar or relevant court officer writes to the magistrate in charge of the record to be
brought then it is placed before the Judge (the high court) for perusal. How the matter is brought to the High
court is informal. It is not formal and is therefore not formalized under the civil procedure Rules.
However, in practice, the High Court has always insisted that the aggrieved person should make a
formal application to court by way of notice of motion. Notice of Motion under Section 33 of the Judicature
Act, Section 83 and 98 of the Civil Procedure Act and Order 52 rule 1, 2 & 3 of the Civil Procedure Rules
where the applicant raises the issues for revision as provided for in Section 82 CPA, and O.46 CPR. See
Major Roland V. Kakooza Mutale [2000-2005] HCB.
19. What are the conditions that must be satisfied by a party in order to be granted a temporary
injunction?
The law, under Order 41 r1 CPR empowers court to grant a temporary injunction pending the
determination of the main suit. The purpose of the temporary injunction is to preserve the statusquo until the
main suit is disposed of by court.
Conditions for the Grant of the Temporary Injunction.

19
The conditions which court takes into account before granting an application for grant of a temporary
injunction are that the applicant must show;
a) That the aim of the application is to maintain the status quo until the determination of the whole
dispute.
b) That there is a premafacie case with the probability of success.
c) That the applicant will suffer irreparable injury which an award of damages cannot adequately atone if
the injunction is refused and later on it turns out to be the successful party in the main suit.
d) That the balance of convenience is in its favour.
Noor Muhamed Jan Muhamed Vs. Madvan (1953) 20 EACA 8, KiyimbaKagwaVsKatende [1985] HCB 44.
The procedure for a temporary injunction is chamber summons supported by affidavit.

20
 References
 The Constitution of Uganda, 1995
 Civil Procedure Act, Cap. 71;
 The Civil Procedure Rules S.I 71-1 (as amended by S.I. No. 33/2019);
 The Judicature Act, Cap. 13;
 Civil Procedure and Limitation (Miscellaneous Provisions) Act cap. 72
 Trustees Incorporation Act, Cap. 165
 The Magistrates Courts Act, Cap. 16 as amended in 2007;
 The Limitation Act cap. 80;
 The Government Proceedings Act cap. 77
 The Government Proceedings (Civil Procedure) Rules S.I 77-1
 The Judicature (Mediation) Rules, 2013
 Case laws
 Judicature (Court of Appeal Rules) Directions

21