LAW DEVELOPMENT CENTRE

DEPARTMENT OF LAW AND CONTINUING LEGAL

EDUCATION

DIPLOMA IN LAW COURSE 2023/2024 ACADEMIC

YEAR

CIVIL PROCEDURE

TASKS FOR THIRD TERM

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STUDENT REG NO: 2301701659

STUDENT INDEX NO: DLE/SEP/KLA/1659/2023

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NO. 1. WHAT IS THE MEANING AND THE PURPOSE OF CIVIL PROCEDURE?

Civil procedure refers to a body of laws that prescribe the process of enforcing individual civil rights.
It is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits
(as opposed to procedures in criminal law matters).
Black’s Law Dictionary, Eighth Edition refers to it as ; The body of law - usu. Rules enacted by the
legislature or courts- governing the methods and practices used in civil litigation. A particular method or
practice used in carrying on civil litigation”.
Purpose of Civil Procedure.
The major function of Civil procedure has been provided for in the introductory part of the Civil
Procedure Act Cap 71 which is An Act to make provision for procedure in civil courts. It also has a purpose
of ensuring that the courts work in a fair and orderly fashion. The rules give both parties the chance to build
and present their cases in a fair and equal manner. They ensure that the court resolves the case in a timely and
expeditious fashion and also to make sure that the courts operate properly considering issues of time,
resources and equity to all parties.
Additionally civil procedure governs how a law suit may be commenced, what kind of service of
process is required, the types of pleadings and orders allowed in civil cases, the conduct of trials, the process
for judgment, various available remedies to the parties both pre- and post-trial remedies and realization of the
fruits of litigation. Thus the purpose of civil proceedings is to explore the basic steps and documents in
enforcement of civil rights.
NO.2. USING EXAMPLES, EXPLAIN THE CONTENTS OF A PLAINT AND A DEFENCE.
Contents Of a Plaint
A plaint is a legal document that contains a lot of necessary contents in the absence of which, it
cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of Order
VII of CPC. These are mentioned below:
a) the name of the court in which the suit is brought;
b) the name, description and place of residence of the plaintiff, and an address for service;
c) the name, description and place of residence of the defendant, so far as they can be ascertained;
d) where the plaintiff or defendant is a minor or person of unsound mind, a statement to that effect;
e) the facts constituting the cause of action and when it arose;
f) the facts showing that the court has jurisdiction;
g) the relief which the plaintiff claims;

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 h) where the plaintiff has allowed a setoff or relinquished a portion of his or her claim, the amount so
allowed or relinquished; and
i) a statement of the value of the subject matter of the suit so far as the case admits.

Contents of a defence
Upon being served with the summons to file a defence with a copy of the plaint, the defendant is
entitled to file a defence in the matter within 15 days. Under Order 8 rule 19 of the Civil Procedure Rules a
written statement of defence is filed by tendering a copy or other pleadings to the court and placing it upon
the court record and by delivering a duplicate of the defence or other pleadings at the address of service of
the opposite party.
The written statement of defence must be supported by a summary of evidence, list of documents,
witnesses and authorities the defendant intends to rely on. The written statement of defence should also be
accompanied by a Mediation Case Summary. The written statement of defence and all its accompaniments
must be served on the plaintiff.
If a defendant also has a claim against the plaintiff, then he may file a written statement of defence
and a counter claim still within the 15 days after receiving the summons. The counterclaim must be
supported by a summary of evidence, list of documents, witnesses and authorities the defendant/counter
claim intends to rely on. The plaintiff will be required to reply to the counterclaim within 15 days after it is
served upon him or her.
It has been provided for in Order 9 rule 1 if civil procedure Rules S.I. 71-1, the major contents of
the defense have been provided for in Order 9. Rule 1 of CPR which states that “ A defendant on or
before the day fixed in the summons for him or her to file a defence shall file the defence by delivering to the
proper officer a defence in writing dated on the day of its filing, and containing the name of the defendant’s
advocate, or stating that the defendant defends in person and also the defendant’s address for service. See
Simon Tendo Kabenge v Barclays Bank (U) Ltd Anor (HCT00CVMA 623 of 2010) 2012 UGHC 120 (3 July
2012).

3A) EXPLAIN THE MEANING OF MEDIATION.

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

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 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.
B) HOW IS MEDIATION DONE?
Under rule 18 of The Judicature (Mediation) Mediation shall be conducted by the Registrar
Mediation or a person qualified and certified by CADER as a mediator and appointed by the parties from the
CADER Roster of Mediators established and maintained by CADER or nominated by the Registrar
Mediation in response to a request by the parties;
The second step is assistance to the parties; The mediator shall make arrangements necessary for the
mediation including as may be necessary by organising a suitable venue and dates for the mediation session,
organising exchange of the case summaries and documents, meeting with any or all of the parties either
together or separately to discuss any matters or concerns relating to the mediation, and general
administration in relation to the mediation.
Each party shall state in the mediation agreement the name or names of the person or persons who
will be the lead negotiator or negotiators for the party and who must have full authority to settle the dispute;
and any other persons such as professional advisers who will also be present at, or will participate in the
mediation on that partys behalf, including counsel, if any.
The person signing the mediation agreement on behalf of each party shall be deemed to have
authority to bind the party represented by him or her.
Exchange of information; each party to the mediation shall, at the time of filing its pleadings, file
sufficient copies of a concise summary of its case in the dispute; and all documents to which the case
summary refers and any others to which it may want to refer in the mediation.
The case summary shall include the particulars of the parties to the dispute including their names,
addresses (postal, fax and email) and telephone numbers, facts giving rise to the dispute, witnesses; and the
person with full authority to sign a settlement during mediation.
In addition, each party may send to the mediator, through the court, or bring to the mediation, further
documents, which it wishes to disclose in confidence to the mediator but not to any other party, clearly
stating in writing that the document is confidential to the mediator.
Copy of pleadings, the mediator may require the parties to provide a copy of the pleadings or a case summary
of each party’s case.
If it is not practical to conduct a scheduled mediation session because a party fails to attend, the
mediator may adjourn the session to another date.

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 A party that fails to attend the mediation session without good cause is liable to pay to the mediator
the adjournment costs specified in the First Schedule to these Rules, which shall be embodied in the order of
the Court.
The mediator’s certificate of adjournment costs shall be deemed an order of the Court and shall not be
subject to appeal.
Mediator’s report; Within ten days after the mediation is concluded, the mediator shall submit to the
Registrar and the parties a report on the mediation.
If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the parties and
filed with the Registrar for endorsement as a consent judgment. If there is no agreement, the mediator shall
refer the matter back to Court.
Every person, including associated persons, shall keep confidential and not use for any other purpose
the fact that the mediation is to take place or has taken place, other than to inform a court dealing with any
litigation relating to the dispute of that fact; and all information, whether given orally in writing or otherwise,
arising out of or in connection with the mediation, including the fact of any settlement and its terms.
A party to a matter referred to mediation under these Rules shall not compel the mediator or the
mediating institution or any employee, officer or representative of CADER as a witness, consultant, or expert
in any litigation or other proceedings.
Each party shall bear its own costs and expenses of its participation in the mediation under these Rules,
unless otherwise agreed.

C) WHAT ARE THE ADVANTAGES OF MEDIATION?

 The advantages if mediation have been well explained and include among others, see
https://old.ulii.org/blogs/damalie-tibugwisa/28-january-2020/7-reasons-settle-your-case-mediation
 Parties are directly involved in negotiating their own agreement.
 No settlement can be imposed on a party as in litigation and arbitration.
 The proceedings are concluded in private and therefore parties are in control of their own positions.
 The mediation may be able to explore the alternative resolution that has not been considered by the
parties or not possible or available through court.
 It's possible to establish a positive relationship between the parties once dispute resolved.
 Mediation can be used, in early stages of disputes and therefore an agreement can be reached more
quickly than when pursuing the problem in court.

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  There are general reduced costs as opposing to court
 If unsuccessfully parties have neither prejudiced or Sacrifice of any legal rights nor delay
significantly in any ultimate settlement by the legal process.
 when the subject matter of the dispute is sensitive for example technical know-how details or trade
secrets, which parties may not want, expose to the public or where each party to mediation maintains
the to the privacy to the parties as against the settlement through court

D) WHAT ARE CHALLENGES WHICH MEDIATORS FACE DURING MEDIATION?

According to Brent Norling and Wendy Alexander in their article “Overcoming barriers and
challenges of mediation” they stated that there are a variety of barriers to settlement throughout the
mediation process. These include communication barriers, unrealistic expectations, emotional barriers,
cultural barriers, intraparty conflict and fear of losing face, see https://norlinglaw.co.nz/overcoming-barriers-
and-challenges-of-mediation.
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.

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Unrealistic expectations
Parties often have overly optimistic assessments of their best alternative to a negotiated agreement.
Overconfidence is one of the many cognitive miscalibrations to which the human mind is prone; others
include self-serving bias and status quo bias, which likewise can skew a party’s assessment of his or her
alternatives.
Obstacles to generating options
The parties may fear that sharing something in a joint session could reveal their openness to solutions
that they wish to keep private. This can make the mediators work hard to reach an agreement between
parties.

NO.4. EXPLAIN THE PROCEDURAL STEPS THAT ARE FOLLOWED IN FILLING A SUIT IN
COURT.
The procedure for filing a suit in court is provided for in O.5 CPR; Firstly, the Suit is to be
commenced by plaint.
(1) Every suit shall be instituted by presenting a plaint to the court or such officer as it appoints for
this purpose.
(2) 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; (1) 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. (2) The entries in the register shall be numbered in every year according to the order in which the
plaints are admitted.

NO.5. USING EXAMPLES, EXPLAIN THE MEANING AND IMPORTANCE OF CAUSE OF

ACTION.
In the legal system, a “cause of action” is a set of facts or legal theory that gives an individual or
entity the right to seek a legal remedy against another. This applies to the filing of a civil lawsuit for such
wrongs as property damages, personal injury, or monetary loss, as well as to criminal wrongs such as battery,
theft, or kidnapping. A cause of action may come from an act or failure to act, breach of duty, or a violation
of rights, and the facts or circumstances of each specific case often have a significant effect on the case. A
cause of action has been defined in various cases as being “every fact which is material to be proved to
entitle the plaintiff to succeed” in Cooke v Gill (1873) LR 8 CP 107 to “every fact which it would be
necessary to support his right to the judgment of the court” in the case of Read v Brown (1888) 22 QBD 128.
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 Cause of Action further means a bundle of material facts which are necessary for the plaintiff to
prove in order to get relief in the suit. But it does not comprise every piece of evidence which is necessary to
produce in order to prove such material facts,
Cause of Action is important in that it is a cause for which the suit was brought. Cause of action is
cause which gives occasion for and forms the foundation of the suit. If that cause of action enables a person
to ask for a large and wider relief than that to which he limits his claim, he cannot afterwards seek to recover
the balance by independent proceedings. Before one can even sue, one needs to bear in mind the procedures
involved and none is a procedure more important than having a valid cause of action.
When a cause of action is founded in a determinant tort e.g. negligence, there are cornerstones on
which it will be based. Actionable negligence consists in the neglect of the use of ordinary care and skill
towards a person to whom the defendant owes a duty of observing ordinary care and
skill. Under Order 7 rule 11 (a) of the CPR provides that, “A plaint shall be rejected where it does not
disclose a cause of action.” A plaint without a cause of action is nothing as there is no basis for locus for such
party to be before court in the first place
NO.6 A). EXPLAIN THE MEANING OF SCHEDULING CONFERENCE AND HOW IT'S DONE.
A scheduling conference is a meeting between parties with the assistance of court where they sort out
areas of agreement and disagreement leaving contentious issues for actual hearing.
A scheduling conference is provided for under Order 12 rule 1 of the Civil Procedure Rules which
provides that court shall hold a scheduling conference to sort out points of agreement and disagreement,
possibility of mediation, arbitration and any other form of settlement within seven days after the order of
delivery of interrogatories and discovery have been made or within 28 days from the date of the last reply.1
In the case of Olanya vs Ociti & 3 ors2 the case gave a background of how order 12 of the civil
procedure rules that provides for scheduling conference came about. It was stated as follows, "it is true that
Order 12 rule 1 (1) of The Civil Procedure Rules mandatorily requires trial courts to hold a scheduling
conference before the commencement of any trial. The declared purpose of such a conference is "to sort out
points of agreement and disagreement, the possibility of 1 Order 12 of the civil procedure rules 2
mediation, arbitration and any other form of settlement." This provision came into existence as the result of
The Civil Procedure (Amendment) Rules. S.I. No. 26 of 1998 (which came into force on 24th July, 1998).
The amendment was part of the process designed to reduce on technicalities and to allow more expedient
justice for those with legitimate claims, by making the process of adjudication swift, fair, just, certain and
even-handed. This is consistent with the requirement of Article 28 (1) of The Constitution of the Republic of

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Uganda, 1995 to the effect that in the determination of civil rights and obligations, a person shall be entitled
to a fair and speedy hearing.
It is pertinent at this stage to point out that the liability or guilt of the parties is not dealt with at the
pretrial conference. A pretrial proceeding may be held at the discretion of the judge or at the instance of any
of the parties in a civil proceeding. In a criminal case however where the defendant claims that the prosecutor
has breached a plea bargain agreement, failure to hold a pretrial conference is regarded in the United States
of America as an unconstitutional denial of due process rights.
In the case of United States v. Ataya, it was held that the defendant has a right as a matter of due
process to a pretrial hearing when he claimed that the prosecutor had breached a plea bargain agreement. In
criminal cases, the major purpose of pretrial conferences is to inquire into matters that do not touch on the
guilt or innocence of the accused persons. In such cases, pretrial conferences are conducted to promote a fair
and expeditious trial of the accused person.
It is at the stage of pretrial conference that the issue of the evidence to be excluded at the trial and the
witnesses that will be allowed to testify are sorted out
See Tororo Cement Co Ltd v Frokina International Ltd (Civil Appeal No 2 of 2001) 2002 UGSC 24
(24 April 2002)

NO 7. WHO HAS THE CAPACITY TO SUE OR TO BE SUED?

The determination of whether a person is capable of suing or being sued is governed by the
substantive law. It is important to consider the locus standi of the plaintiff in the matter, where a plaintiff is
held to lack the locus standi to maintain an action, the court may strike out the matter. The term locus standi
was defined in the case of Njau and Others vs City Council of Nairobi (1976-1985) 1 E.A. 397 at 407 to
mean the following;
a) A place of standing;
b) A right to appear in court, and, conversely, to say that a person has no locus standi means he has a
right to appear or be heard in a specific proceeding; and
c) It also means that a person cannot be heard even on whether or not he has a case worth listening. It
is trite that save in public interest litigation or except where the law expressly states otherwise, such as
Article 50 (2) of The Constitution of the Republic of Uganda, 1995 which confers on any person or
organisation the right to bring an action against the violation of another person’s or group’s human rights, for
any person to otherwise have locus standi, such person must have “sufficient interest” in respect of the
subject matter of a suit, which is constituted by having; an adequate interest, not merely a technical one in the

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subject matter of the suit; the interest must not be too far removed (or remote); the interest must be actual,
not abstract
or academic; and the interest must be current, not hypothetical. See Mbabali Jude & 11 Ors vs. Hon. Raphael
Magyezi & Anor HCMC No. 011 of 2020.

Natural Persons
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/her 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 CPRs regarding
recognised agent
Suits by Minors
Minors cannot bring suits on their own accord until they attain the age of majority (see Article 31 (1)
and Article 257 (1) of the Constitution of the Republic of Uganda, 1995). 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

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Kiwanuka v Sulaiman Lubowa [1972] HCB 210 Order 1 rule 10(3) CPRs 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, court
may order costs to be paid personally by counsel. See: Order 32 rule 2 (1) CPRs
Mentally Incompetent Persons
These may include idiots and lunatics. An idiot is one who has suffered incapacity from birth (usually
has an IQ of about 25 or under a mental age of less than 3 years) whereas a lunatic is one who has become
insane after birth and where incapacity is temporally. In addition there is a general term of madness which
denotes incapacity of mind that is complete and permanent and all these are normally compounded under a
general term persons of ‘unsound mind’.
Under Order 32 Rule 15 of the CPRs, mentally incompetent persons may commence an action in the
same way as a minor through a next friend or defend a suit by a guardian ad item. See: Kaggwa v AG [1971]
H.C.B 333; Section 2 of the Administration of Estates of Persons of Unsound Mind Act cap 155 provides
that the court may appoint a manager of the estate of a person of unsound mind on the application of a
superintendent or other person in charge of a mental hospital, the commissioner of prisons, or a relative of
any such person of unsound mind. Section 1 of the same Act defines a person of unsound mind to mean,
“...any person adjudged to be of unsound mind under section 4 of the Mental Treatment Act or any person
detained under section 113 or 117 of the Magistrates Courts Act.”
Companies and Statutory Persons as Parties
This is generally governed by Order 29 of the Civil Procedure Rules. An incorporated company can
be a party to an action. Any company incorporated by an Act of parliament may sue or be sued in its
corporate name. Before institution of an action involving a company, it is advisable to ascertain from the
Registrar of Companies or from the Act of incorporation the proper and correct names for the company. If
the correct name of thecorporate party is not used in the pleadings and summons, then it is possible that that
company may raise an objection that the corporate party sued was non-existent. The change of a name of a
company does not render defective any legal proceedings instituted by or against the company. Any legal
proceedings may be continued or commenced against the company by its new name. To bring a suit in the
name of a company there has to be a special resolution first by the company authorizing the institution of

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such a suit. However where a director Instructs an advocate, then he is deemed to have authority to authorize
the institution of such a suit even if there is no resolution.
In the case Bugerere Coffee Growers v Sebadduka 1971 EA 147, court noted that for a company to
bring a suit, it is necessary that a resolution must be passed either at the general board meeting or at the
general assembly meeting and this must be reflected in the minutes. This case further noted that where an
advocate brings proceedings without the authorization of the company then he becomes personally liable to
the defendants for costs of the action.
However in the case of United Assurance Company Ltd SCCA No. 1/86 Wambuzi, C.J, held against
the decision in Sebadduka’s case and noted that a resolution was only one way of proving the decision of the
Board of Directors and that unless the law specifically insisted on a resolution, he was not prepared to insist
on it.
Trustees
A trustee is a person engaged in administrative duties with regard to property entrusted to him for the
benefit of others. Trustees may be individuals or corporations who have been given power so to act. Section
1(3) of the Trustees Incorporation Act, Cap. 165 states that: “The trustees or trustee shall thereupon become a
body corporate by the name described in the certificate, and shall have perpetual succession and a common
seal, and power to sue and be sued in the corporate name,....” A person may be appointed a trustee under a
will. Where a person is appointed in a dual capacity of an executor and trustee, the estate of the deceased
person is vested in the executor first and after the fulfillment of his duties and an executor, he thereafter
becomes a trustee to carry out the trust set up under the will including the distribution of the estate to the
beneficiaries.
Another person may become a trustee under an express instrument or under the law of Agency,
bailment or trusts and also by law under the Public Trustee Act. Section 2 of the Public Trustee Act, Cap.
161 states that; “The public trustee shall be a corporation sole by the name of the public trustee and as such
shall have perpetual succession and an official seal, and may sue and be sued in his or her corporate name,
but any instrument sealed by him or her shall not, by reason of his or her using a seal, be rendered liable to
higher stamp duty than if he or she were an individual.
Partnerships
Under Order 30 rule 1 CPRs, partnerships may sue or be sued in the firms’ name or alternatively in
the names of the individual partners. Whenever there is doubt about the membership of the partnership, it is
then advisable to issue court process against such a firm in its firm name. See: Gatete & Another v Kyobe,
SCCA No.7 of 2005. With leave of the court, the judgment is generally enforceable against any other partner
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within the jurisdiction but a foreign partner many have to be sued individually. It is always good practice in
drafting pleadings to state in the plaint more than the firm name and to give the names of the partners
followed with words “trading as” and then followed by the firm name
Aliens
These are governed by section 57 of the CPA which states that; “When aliens may sue. Alien enemies
residing in Uganda with the permission of the Minister, and alien friends, may sue
in the courts of Uganda as if they were citizens of a Commonwealth country. No alien enemy residing in
Uganda without such permission, or residing in a foreign country, shall sue in any such courts. Every person
residing in a foreign country the government of which is at war with the Government of Uganda, and
carrying on business in that country without a licence in that behalf under the hand of the Minister, shall, for
the purpose of subsection (2), be deemed to be an alien enemy
residing in a foreign country.”
Foreign States
These governed by section 58 of the CPA which provides that a foreign State may sue in any court of
Uganda if that State has been recognised by the Government, the object of the suit is to enforce a private
right vested in the head of that State or in any
officer of that State in his or her public capacity, every court shall take judicial notice of the fact that such
foreign State has or has not been, recognised by the Government.”
Government
All civil proceedings by the state are instituted and prosecuted in accordance with the
Government Proceedings Act. Article 250(2) of the Constitution provides that: “Civil proceedings by or
against the Government shall be instituted by or against the Attorney General; and all documents required to
be served on the Government for the purpose of or in connection with those proceedings shall be served on
the Attorney General.” Any person has a right to sue government, subject to the Government Proceedings
Act.
Section 10 of the G.P.A. provides that: “Civil proceedings by or against the Government shall be instituted
by or against the Attorney General.”
No. 8. Explain the procedure for service of summons on the following.
Order 5 rule 8 deals with the mode of service. It is by tendering or delivering a duplicate duly signed
by a judge or appointed officer and sealed by the court.
I) A Person (Natural)

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 It has provided for in Order 5 rule 1-5 of the CPR that; (1) When a suit has been duly instituted a
summons may be issued to the defendant ordering him or her to file a defence within a time to be specified in
the summons; or ordering him or her to appear and answer the claim on a day to be specified in the
summons. Service of summons issued under subrule (1) of this rule shall be effected within twenty-one days
from the date of issue; except that the time may be extended on application to the court, made within fifteen
days after the expiration of the twenty-one days, showing sufficient reasons for the extension.
Where summons have been issued under this rule, and service has not been effected within twenty-
one days from the date of issue; and there is no application for an extension of time under subrule (2) of this
rule; or the application for extension of time has been dismissed, the suit shall be dismissed without notice. A
defendant to whom a summons has been issued under subrule (1) of this rule may file a defence in person; by
a recognized agent; or by an advocate duly instructed and that every such summons shall be signed by the
judge or such officer as he or she appoints, and shall be sealed with the seal of the court. See East African
Plant Lands v Pickford Smith.
II) Corporation
This is envisaged in Order 29 of the Civil Procedure Rules. What is meant by corporation is any legal
entity not being a natural person and being a creature of statute or of incorporation under the Companies Act.
Where the service is upon a Corporation the summons will be served on the secretary or any Director or
other principal officer of the corporation. Alternatively, service may be effected by leaving or sending a copy
of the summons by post addressed to the corporation at the registered office or if there is no registered office,
then at the place where the corporation carries business in accordance with O.29 R 2 CPR. Order 29 rule 2
recognizes that the parent legislation of a statutory corporation may provide for special rules for service on
that corporation. Order 29 rule 2 (a) of the CPR provides that summons may be served on the secretary or
any director or other principal officer of the corporation.
Under paragraph (b), service may be effected by leaving the summons or by post addressed to the
corporation at the registered office, or if there is no registered office, at the place where the corporation
carries on business. In Ijjala v Energo Project [1988-90] HCB164, service was tendered to the project
manager who was identified by a police officer. The project manager instructed the secretary who took the
summons to the responsible officer who accepted service and put the company stamp. It was held that no
evidence was held to rebut the plaintiff’s assertion that the summons were left at the place of business and
therefore the service was good. See Salomon v Salomon.
iii) Service on soldiers.

13
 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) Service on defendant in prison.
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) Service upon a partnership
A partnership is a special legal creature. Service upon it is provided for under Order 30 rule 3 which
provides that: “Where persons are sued as partners in the name of their firm, the summons shall be served
upon any one or more of the partners at the principal place at which the partnership business is carried on
within Uganda upon any person having, at the time of service, the control or management of the partnership
business there; or as the court may direct. The service shall be deemed good service upon the firm so sued,
whether all or any of the partners are within or without Uganda; except that in the case of a partnership which
has been dissolved to the knowledge of the plaintiff before the institution of the suit, the summons shall be
served upon every person in Uganda whom it is sought to make liable.”
vi) Service on Attorney General
Service of process upon the government must be in accordance with section 11 of Government
Proceedings Act, Cap. 77 which states that: “All documents required to be served on the Government for the
purpose of or in connection with any civil proceedings by or against the Government shall be served on the
Attorney General.” Under rule 5 of the Civil Procedure (Government Proceeding) Rules SI 77-1, it is
provided that:“ Service of a document on the Attorney General for the purpose of or in connection with civil
proceedings by or against the Government shall be effected by delivering or sending the document to be
served and a duplicate or copy of the document to the office of the Attorney General, and shall be deemed
not be complete until the Attorney General or another officer of the Government entitled to practice as an
advocate in connection with the duties of his or her office has endorsed an acknowledgement of service on
the document to be served. In this rule, “document” includes a notice, pleading, order, summons, warrant and
any written proceeding or communication.

9. EXPLAIN THE MEANING AND PROCEDURAL FOR SUBSTITUTED SERVICE.

Generally, when legal proceedings are filed against a person (the defendant), a copy of the legal
proceedings must be personally delivered to the defendant. This requirement is called ‘personal service’.
Personal service ensures that the defendant is aware of the legal proceedings that have been filed against
them. The significance of serving legal proceedings on a defendant is that the defendant is then required to

14
respond to the proceedings within a specified time. If the defendant fails to do this, there can be severe
consequences. Sometimes, a Court will order that legal proceedings can be delivered to a defendant other
than by way of personal service. This is known as ‘substituted service’.
Order 5 rule 8 of the CPR on Substituted service provides that . (1) Where the court is satisfied that
for any reason the summons cannot be served in the ordinary way, the court shall order the summons to be
served by 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.
(2) Substituted service under an order of the court shall be as effectual as if it had been made on the
defendant personally.
(3) Where the court makes an order for substituted service, it shall fix such time for the appearance of
the defendant as the case may require.
For example, a Court may order that substituted service of legal proceedings be carried out by leaving
a copy of the proceedings at a defendant’s property, sending a copy of the proceedings to the defendant by
email or text or by sending a copy of the proceedings to an address, or PO Box, used by the defendant.
However, substituted service will not be allowed by the Courts as a matter of course.
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. (Order 5 rule 32).

10. EXPLAIN THE PROCEDURE THAT MUST BE FOLLOWED IN PROVING OF SUMMONS.

As required under Section 20 of the Civil Procedure Act, when a suit has been instituted then service
has to be made upon the defendant or defendants to enter appearance and answer the claim. Same with Order
5 rule 1(1) of the Civil Procedure Rules, when a suit is instituted or has been instituted then summons may be
issued to the defendant ordering him to file a defense or ordering him to answer the claim on the day
specified therein.
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.

11. WHAT IS THE CIVIL JURISDICTION OF THE FOLLOWING COURTS?

a) Supreme Court.
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 This is the final/last court of Uganda in the adjudication system. It enjoys appellate jurisdiction from
all matters arising from the decisions of the Court of Appeal and the Constitutional court respectively. It is
presided over by the Chief Justice as the administrative head and other justices of the Supreme Court. It is
also a court of original jurisdiction or first instance in matters concerning Presidential Petitions
b) Court of Appeal.
These are presided over by the Justices of the Court of Appeal headed by the Deputy Chief Justice. It
has appellate jurisdiction over matters coming from the High Court. It is sometimes constituted as the
Constitutional Court that entertains constitutional references from lower courts including the High Court and
Magistrates Courts
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 crime of any magnitude (see Article 139 of the Constitution). These
are presided over by 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. These are presided over by
the Justices of the Court of Appeal headed by the Deputy Chief Justice. It has appellate jurisdiction over
matters coming from the High Court. It is sometimes constituted as the Constitutional Court that entertains
constitutional references from lower courts including the High Court and Magistrates Courts.
e) Chief Magistrate Court
Subject to this Act and other written law, the jurisdiction of Magistrates presiding over Magistrate’s
Courts for trial and determination of causes and matters of a civil nature shall be as follows: “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. 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

16
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 1
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)
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
Magistrate Grade 11.
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.
12. EXPLAIN THE TRIAL PROCESS IN CIVIL PROCEEDINGS.
Right to begin
On the day for hearing, the Plaintiff opens his or her case. He or she addresses court informing that
the matter is coming up for hearing and he or she is ready to proceed with the hearing. This has been
provided for in ORDER XVIII rule 1 which states; The plaintiff shall have the right to begin unless the
defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some
additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he or she
seeks, in which case the defendant hall have the right to begin.
Statement and production of evidence.
(1) On the day fixed for the hearing of the suit, or on any other day to which the hearing is adjourned,
the party having the right to begin shall state his or her case and produce his or her evidence in support of the
issues which he or she is bound to prove.
(2) The other party shall then state his or her case and produce his or her evidence, if any, and may
then address the court generally on the whole case.
(3) The party beginning may then reply generally on the whole case; except that in cases in which
evidence is tendered by the party beginning only he or she shall have no right to reply
Examination in chief.
The plaintiff will have his or her witnesses sworn in by court and then examined in chief by his or her
counsel and if not represented by a lawyer, then court will assist in examination in chief. The purpose of
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examination in chief is to enable a witness tell a coherent story to court 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 are not allowed. Examples of
open ended questions are those which start with what, when, how, where among others. Leading questions
are those which suggest the answer expected from the witness. Where a witness has filed witness statement
the procedure is different. The witness is sworn in by court and shown his or her witnesses statement which
he or she identifies and owns. Then he or she is handed over to the defendant or his counsel for cross-
examination. This has been provided for in Order 18 rule 4 of CPR.

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 cross-examination is to discredit or cast doubt in the evidence in chief.
The same can also 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 mode during cross-examination. It has been for in Order 18 rule 13. See
Bongole Geofrey & 4 Ors V Agness Nakiwala (Civil Appeal No. 0076 of 2015)

Re-examination
After cross-examination of the plaintiff’s witness, they are reexamined by the plaintiff counsel.
Reexamination is intended to mitigate the damage caused by cross-examination. Reexamination is only
limited to cross-examination in that no new matters can be introduced. Like examination in chief, only open-
ended questions are allowed during reexamination. After examination of the plaintiff’s witnesses, the
plaintiff will close his or her case, upon which the defendant opens his or her case. The defendant witnesses
are also examined in the order stated above. After the examination of the defendant’s witnesses the defendant
closes his or her case. See Kashongole Godfrey V Kafero Francis & Ors Civil Appeal No. 93 of 2011.
Final submissions.
After closure of the defendant’s case, the parties (especially when legally represented) are required to
make final submissions. Final submissions can be made orally or written. The plaintiff has the right to begin
and the defendant has the right of reply. The plaintiff has the right of rejoinder
13. EXPLAIN THE CONTENTS OF THE FOLLOWING.
a) Judgement.
The Law provides that, after the case has been heard, the court has pronounced Judgement. The court
has to pronounce Judgement in open court, either at once or on some future day, of which due notice shall be
18
given to the parties or their advocates as provided in Section 25 of the CPA. Contents of a judgement have
been provided for under the same law which must contain a concise statement of the case (brief facts), the
points for determination (issues), the decision of the case and the reasons for the decision.
b) Decree.
The law provides that upon delivery of Judgement, the decree follows. The decree is extracted by the
winning part and the same must confirm to the content of the judgement. Contents of a decree are provided
for under 0.21 r 6 CPR and it clearly states that the decree shall agree with the judgment; it shall contain the
number of the suit, the names and descriptions of the parties and particulars of the claim, and it shall specify
clearly the relief granted or other determination of the suit, state by whom or out of what property or in what
proportion the costs incurred in the suit are to be paid and 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.
14. LIST THE ITEMS THAT ARE LIABLE TO ATTACHMENT AND THOSE THAT ARE NOT
LIABLE TO ATTACHMENT.
The following property are liable to attachment and sale in execution of a decree, they are provided
for under Section 44 (1) CPA namely;
1. hands,
2. house or other buildings,
3. goods, money,
4. bank notes,
5. cheques, bills of exchange,
6. Promissory notes,
7. Government securities,
8. bonds or other securities for money, debts shares in a Corporation.
The following items are not liable for attachment;
1. the necessary wearing apparel,
2. cooking Vessels,
3. 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.
4. 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

19
 shillings as may, in the opinion of the court, be necessary to enable him or her to earn his or her
livelihood;
5. books of accounts;
6. a mere right to sue for damages;
7. any right of personal service;
8. 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;
9. the salary of any public officer, servant of a railway company or local authority, or any person
privately employed to the extent of
10. 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.
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;
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 (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.
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
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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.
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.
Attachment of the debt- Garnishee Proceedings Order 23 CPR.
This procedure is commonly used to attach the money on the bank account belonging the judgement
debtor. Here the involvement of the court bailiff is not required. The judgement creditor makes an
application to court which issues the order attaching the money of such account. A 3rd party –garnishee must
be holding money on behalf of JC will attach that debt, usually used on banks. – garnishee. JC will apply to
court Exparte for Garnishee Decree Nisi. Decree Nisi is issued; it will free the money on account. The
Decree Nisi also calls upon the Garnishee to appear in court and show cause why Garnishee Absolute should
not be issued. On the hearing date, if no cause is shown by either the G, or JD, the GDA is issued. The
money is transferred from G to JC. If the G fails to comply with GDA, execution is issued against him or her.
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Stay of execution.
This procedure is usually used by the judgment debtor who has decided to take some action to
challenge the decree which is sought to be executed. The judgement debtor may be seeking to appeal against
it, or setting it aside, applying for review or revision of the same. In which case can apply to court to stay the
execution of the same pending the determination of his or her appeal, review etc.
NO. 17A). WHAT IS THE DEFINITION OF AN APPEAL?

This is the proceeding by which a case is brought before a higher court for review of a lower court's
decision for the purpose of convincing the higher court that the lower courts judgment was incorrect . It can
also mean the complaint to a superior court of an injustice done or error committed by an inferior one, whose
judgment or decision the court above is called upon to correct or reverse.
The appeal is the process through which the high court corrects the errors, misdirection and none directions
of the lower court.
B) DOES AN AGGRIEVED PARTY IN CIVIL MATTER HAVE A RIGHT OF APPEAL?
Any party to the case where judgment was passed, may lodge an appeal. Section 35 of the Judicature
Act provides that; Any person aggrieved by an order made under section 34 may appeal from the decision
to the Court of Appeal within thirty days after the making of the order appealed from whether the order has
been made in the exercise of the civil or criminal jurisdiction of the High Court. See Kabagambe Grace V
Mbabazi Resty & Onor Civil Suit No. 0012 of 2016
C) WHAT IS THE PROCEDURE FOR INSTITUTION OF CIVIL APPEAL?
Notice of Appeal
Every appeal commences with notice of appeal which must be file within 14 days from the date of the
decree or order appealed against.
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. Section 79 (3) CPA.
Memorandum of Appeal.
Under O. 43 rr 1 CPR, an appeal has to be lodged in court –High Court by filing a memorandum of
appeal stating the grounds of appeal. This has to be done within 30 days from the time of the decision if time
is frozen, and where frozen, then from the time when the record of proceedings is ready. Section 79 CPA.

23
 Upon receipt of the Memorandum of Appeal, the registrar High Court is expected to notify the lower
court and call for the file O.43 rr 10 CPR.
Service of the Memorandum of Appeal
The Memorandum of Appeal has to be served onto the respondent who is expected to file his or her
notice of address.
Hearing of the appeal.
The appeal is then heard interparty based on the record of appeal from the lower court. This means
that save for exceptional circumstances, the appellate court cannot receive new evidence. Such evidence must
not have been readily available at the time when the suit was heard or when a party was not ably represented
to bring such evidence to the attention of the court.
During the hearing of the appeal, parties are confined to the grounds raised in the memorandum of appeal in
that no one is allowed to urge the ground which is not framed in the memorandum of appeal.
upon hearing the appeal, the appellate court may uphold the appeal set aside the decision of the lower court,
or may confirm the decision of the lower court in which case will dismiss the appeal
D) EXPLAIN THE CONTENTS OF MEMORANDUM OF APPLE APPEAL.
Section 66 (2) of The Judicature (Court of Appeal Rules) Directions provides that the memorandum
of appeal shall set forth concisely and under distinct heads numbered consecutively, without argument or
narrative, the grounds of objection to the decision appealed against, specifying, in the case of a first appeal,
the points of law or fact or mixed law and fact and, in the case of a second appeal, the points of law, or mixed
law and fact, which are alleged to have been wrongly decided, and in a third appeal the matters of law of
great public or general importance wrongly decided. See Lubanga Vs Ddumba (Civil Appeal No 10 of 2011)
2016 UGCA 11 (4 January 2016)

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.

Review is also a process in which court is called upon to revisit its judgement. It is provided for under
section 82 of the CPA and O.46 of the CPR. Order 46 rule 1 of the CPR provides that “ Any person
considering himself or herself aggrieved by a decree or order from which an appeal is allowed, but from
which no appeal has been preferred; or by a decree or order from which no appeal is hereby allowed, and

24
who from the discovery of new and important matter of evidence which, after the exercise of due diligence,
was not within his or her knowledge or could not be procured by him or her at the time when the decree was
passed or the order made, or on account of some mistake or error apparent on the face of the record, or for
any other sufficient reason, desires to obtain a review of the decree passed or order made against him or her,
may apply for a review of judgment to the court which passed the decree or made the order.”
b) WHICH COURT HAS JURISDICTION TO REVISE A DECISION?
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 grounds upon which this court can review its previous order are contained in section 82 of the CPA and
O.46 of the CPR and are;
1. The Applicant must be aggrieved by the order sought to be reviewed;
2. The Applicant must have discovered new and important matters of evidence previously overlooked
by excusable misfortune.
3. The applicant must show that there is some error apparent on the face of the record.
The applicant can also show any other sufficient reason analogous to the above grounds. Refer to the
case of Re Nakivubo Chemists U Ltd 1979 HCB 12, holding no 2 and 4 at page 13-13.

d) WHAT IS THE PROCEDURE FOR COMMENCEMENT REVISION?

Revision in the High Court of Uganda varies based on the nature of the case, thou this is a brief of the steps
on how it typically commences:
1. Drafting of a Revision Application: Preparing of a formal application outlining the grounds for
revision, supported by relevant documents and legal arguments. Ensuring that it complies with the
court's rules and procedures.
2. Filing of the Application: Submission of the application to the High Court registry along with the
prescribed filing fee. The registry then assigns a file number and stamp the application as received.
3. Service of Notice: Serving of a copy of the application and any supporting documents to all relevant
parties, including the respondent(s) and any other affected parties. Service should be done in
accordance with the court's rules.

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 4. Preliminary Hearing: The court may schedule a preliminary hearing to discuss procedural matters,
clarify issues, and set timelines for the revision process.
5. Revision Hearing: Attending of the revision hearing on the scheduled date. Presenting of arguments
and evidence to support your case. The court will hear from all parties involved before making a
decision.
6. Judgment After considering the arguments and evidence, the court will issue a judgment either
allowing or dismissing the revision application. If allowed, the court may issue appropriate orders to
rectify any errors or injustices.
7. Appeal: If dissatisfied with the High Court's decision, parties may have the right to appeal to a higher
court, such as the Court of Appeal or the Supreme Court of Uganda, depending on the circumstances
and the applicable laws. See Okana David v Ocaya Robert Civil Cause o5 of 2020

19. What are the conditions that must be satisfied by a party in order to be granted a temporary
injunction?
The specific powers of court and the circumstances under which a temporary injunction may be
granted or issued are outlined in Order 41 CPR. O. 41 r 1 provides that where in any suit it is proved by
affidavit or otherwise; That any property in dispute in a suit is in danger of being wasted, damaged or
alienated by any party to the suit or wrongfully sold in execution of a decree or That the defendant threatens
or intends to remove or dispose of his property with the view to defraud his creditors, the court may by order
grant a temporary injunction to retrain such acts or make such other order for the purposes of staying or
preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the court thinks
fit until the disposal of the suit or until further orders.
O.41 r 2 deals with injunction to restrain breach of contract or other injury. In the case of Samuel
Mayanja vs. Uganda Revenue Authority HCMA 17/2005, the applicant an aggrieved tax payer approached
court not under its appellate jurisdiction but under its original jurisdiction as there is no appeal, but under its
original jurisdiction under section 38(1) Judicature Act seeking a temporary injunction to retrain the
respondent from enforcement of agency notice issued. Justice Egonda Ntende held that section 14 of the
Judicature Act recognizes the unlimited original jurisdiction of the High court which is conferred by the
constitution, and further provides for the law applicable in the exercise of such jurisdiction by the High court.
Section 38 (1) J.A deals with the grant of injunctions.
That the high court shall have powers to grant injunction to restrain any person from doing any act as
may be specified by the High Court. That clearly the high court is granted the powers in appropriate cases to
26
grant injunction as a remedy. That the provisions of O.41 r 1&2 CPR deals with applications for a temporary
injunction as an interlocutory matter in a pending proceeding before court. That here there is no pending
proceeding before this court.
In the case of British American Tobacco Uganda Limited vs. Bamudu Tobacco Company Ltd HCMA
599/2005, the applicant also a plaintiff in the head suit sought a temporary injunction to retrain the
respondent from buying tobacco from farmers in northern Uganda during 2005/2006 tobacco buying season
and from interfering with the plaintiff s sponsorship contract with tobacco ’ farmers in the same region.

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

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