Court Processes

Procedure for a legal guardianship order

Guardianship is not defined under the Children laws of Uganda; however; it can be defined to mean a person having parental responsibility for a child. A person who is not a citizen of Uganda cannot be eligible to apply for legal guardianship, and an application of this kind is only...

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Oaths and Affirmations

When a witness is called to give evidence in a criminal proceeding, the first thing the court will do is to ask them whether they would like to take and "oath" or "affirmation". This is a person stating that they will tell the truth to the court. In Uganda, oaths...

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Preventing a church or civil marriage

Article 31 (1) of the Constitution of the Republic of Uganda, 1995 states that “men and women of the age of 18 years and above have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage and at its dissolution.” Marriage...

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HOW TO ACQUIRE A LEASEHOLD LAND TITLE

Step 1 The Applicant must have in his/her possession the following; fully completed Forms 8, 10, 18, 23 A set of 3 authentic deed plans, Three passport photographs, Receipts of payment and A forwarding letter requesting for a leasehold title signed by the District Land Officer of the respective district...

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Conducting a Search and Acquiring a Freehold Title

In order to conduct a search on land and acquire a freehold land title, the following steps must be followed; Step 1 Make a written request for a search addressed to the Commissioner, Land Registration, describing the land that is the county, block, and plot number. Step 2 Present the...

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Vesting Orders

Simply put, a vesting order is a court order that passes legal title in lieu of a legal conveyance. It is an equitable remedy, and is, therefore, by its nature, discretionary, and results from a finding by a court that fairness demands that the court act in a way to...

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Criminal charges

A charge is a formal written accusation of an offense drawn up either by a police officer or magistrate, signed by a magistrate to be used in a magistrate’s court as a basis for a trial or proceeding. Article 28(3) (b) of the Constitution provides that every person who is...

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Bail & Bond

Bail-in itself is an agreement between the accused together with his or sureties and the court guaranteeing that the accused will pay a certain sum of money fixed by the Court if the accused fails to attend the trial on a specific date. The origin of Bail follows the legal...

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Criminal Summons

Criminal summons is one of the two methods of arraigning suspects still at large. Article 28 (5) of the 1995 Constitution of Uganda provides that except with his or her consent, the trial of any person shall not take place in the absence of that person unless the person so...

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The Rules of Disclosure in Civil Proceedings

Disclosure in civil matters in Uganda is a crucial element in order to have a fair trial. The law provides that when instituting a civil case in court, it is imperative that every pleading must be accompanied by a summary of evidence to be adduced and a list of documents,...

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Prerequisites of Creating a Mortgage

A mortgage is a security for loan payment, and this is usually land. Before completing a mortgage transaction, several steps have to be taken to insure that it is viable as outlined below; Obtain the duplicate certificate of title; Search for the land registry to ascertain ownership of the land;...

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Garnishee Proceedings

Garnishee proceedings otherwise known as a garnishment is a judicial process of execution or enforcement of monetary judgement whereby money belonging to a judgement debtor, in the hands or possession of a third party known as the garnishee usually a bank, is attached or seized by a judgement creditor also...

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Lodging a caveat on land

Black’s Law Dictionary interprets the word caveat to mean "let him be ware" and it defines it to mean a formal notice or warning given by a party interested against the performance of certain acts with in his power and jurisdiction. Caveats in land therefore can be defined as a...

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Pauper Proceedings

Under the Ugandan law, a "Pauper" is someone who cannot afford to pay the required Court fees. Such a person can institute what is referred to as a "Pauper suit". The law under Order 33 provides for the grounds to be used to determine whether a suit qualifies to be...

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Procedure to replace Certificate of Title

Section 70 of the Registration of Titles Act, Cap 230 provides that if a duplicate (owners) certificate of title is lost or destroyed or becomes obliterated, persons with knowledge of the circumstances surrounding the said certificate may make a statutory declaration stating the facts, particulars of all encumbrances affecting the...

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Mentally incompetent persons in proceedings

Every person has a right to commence proceedings in the courts of  law. However the question is what happens when the party is mentally ill. One might have been with a mental sickness since birth while others might have suffered some conditions during their life that would have led to...

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Injunctions

An injunction is an order of the court directing a party to proceedings to do or to refrain from doing a specified act. The High Court has power to grant an interlocutory or final injunction in all cases. This is a remedy available to parties as they await the trial judgment. ...

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Amendment of pleadings

Pleadings are formal written documents entailing the claims of a party or the defence and bind the parties throughout the litigation. Order 6 of the Civil Procedure provides for the amendment of pleadings by either party a suit. Amendment of pleadings is to enable a party to alter their pleadings...

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Scheduling Conference

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...

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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...

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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...

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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...

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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...

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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....

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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...

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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...

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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...

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