Court Processes

   

Examination of Witnesses

A witness is a person who is called to testify in court in either criminal or civil proceedings. Section 133 of the Evidence Act Cap 6 provides that no particular number of witnesses shall in any case be required to prove a fact. This means that a party in court is at liberty to lead…

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Pleadings To Include Material Facts

The law governing pleadings in Uganda is found in the civil procedure rules and the civil procedure Act. Under this law, it is a requirement that pleadings must contain all material facts. Material facts is defined as a fact that is significant or essential to the issue or the matter at hand. This therefore means…

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Service of Summons

TIME LIMIT FOR SERVICE. Order 5 Rule 1(a) of the Civil Procedure Rules provides that summons must be served on the defendant within 21 days from the date it is issued. The time may be extended on application to court made within 15 days after the expiration of the 21 days showing the reasons for…

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Pleadings

Pleading is a formal written statement of a party’s claim or defence to another party’s claim in a civil action. Civil Procedure Rules govern Pleadings in Uganda. Odgers Principles of Pleadings and Practice, 20th edition defines Pleadings as: statements in writing, served by each party alternately on his contention will be at the trial, and…

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Inter Pleader Proceedings

Inter pleader Proceedings refer to a situation where two or more persons claim something for example money in dispute, which is in the hands of a third (3rd) person and he has no claim to it but is ignorant as to which of the parties is rightly entitled to it. And  as such, that person…

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Third Party Proceedings

The general scope of third-party procedure is to deal with cases arising out of transactions between the Plaintiff and Defendant and third party, to try and settle them in one action. The law is that in order for a third party to be lawfully joined, the subject matter between the third party and the Defendant…

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Amicus Curiae Proceedings

According to the black’s law dictionary 10thedition, amicus curiae means literally a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition to the court for permission to file a brief, ostensibly on behalf of a party…

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Omnibus Petition

Omnis comes from a Latin word “for all”. An omnibus petition is when smaller motions are all filed together in one single document. An omnibus petition is similar to consolidation of suits provided for by order 11 rule 1 of the civil procedure rules. It provides that where two or more suits are pending in…

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