INTRODUCTION

COMMENCEMENT OF CIVIL PROCEEDINGS

Civil procedural law governs the practice and procedure in the courts and regulates the administration of civil
justice. Civil procedure consists of the rules by which courts conduct civil trials.

The rules of Civil Procedure are designed to formulate the issues that court has to determine and to give fair notice
thereof to the parties. In BhagBari v MehdiKhan [1956] EA94.

Procedural rules are intended to serve as handmaidens of justice and not to defeat it.

Article 126(2)(e) of the constitution.

In Iron Steel Water Ltd v. CW Matyr & Co. Ltd (1956) 23 EACA 175.

In order to serve Justice under civil procedures, we must:

1. Follow the Steps or procedures as laid down.
2. Time frame.

Section ……………..The sixty days within which the appeal should have been filed. In Clouds 10 Ltd v
Standard Chartered Bank (U) Ltd.(supra) there was inordinate delay by the two lawyers who handled
the case. Court held that mistake/negligence by counsel is not always sufficient reason for extension of
time.
In Sezi Busasi & Another v Enoka Kabera (supra) was a case of inordinate delay and the Counsel for
the appellant in the case was asking the Court of Appeal to condone his own negligence which the court
refused to d
In Mary Kvamulabi v Ahamad Zirondomu S.C. Civil Appeal No. 41 of 1979, 1980 HCB 11,
and Haji Nurdin Matovu v. Ben Kiwanuka S.C. Civil App No.12/91 (unreported) for the
following holdings; that a mistake by counsel may not be visited on the client to deny extension
of time; that administration of justice normally requires that all disputes are investigated and
decided according to their merits; and that errors or lapses on part of counsel over whom the
litigant has no control should not deter a vigilant litigant from pursuing his appeal.
Apply for extension of time.
Rule 4 of the Rules of Court Appeal provides that "The Court may, for sufficient reason,
extend the time limited by these Rules or by any decision of the Court or of the High Court for
doing of any act authorized or required by these Rules, whether before or after the expiration of
that time and whether before or after the doing of the act; and any reference in these Rules to
any such time shall be construed as a reference to the time so extended.”

Applicants must satisfy court that there is sufficient reason for its inability to take a particular
step in time. Rule 4 of the Court of Appeal Rules, Directions 1996 when no sufficient reason
given.
The governing phrase in the above section is "for sufficient reason". Sufficient reason must
relate to the inability or failure to take a particular step in time.
In Mugo v. Wanjiru [1970] E.A.481. The applicant has to show that the delay was not caused
to by contributed by dilatory conduct on the part of the applicant. In Bhatt v Tijirant Singh
(1962) E.A. 497, and Shanti Hundocha & Others f197 31 E.A. 207.
When appeal takes long. Haji Nurdin Matovu v Ben Kiwanuka S.C. Civil Application
No.21/91(unreported) ; Mary Kyamulabi v Ahmad Zirondomu 1980 HCB 11.

3. Documents to be filed in court.

(a)Affidavits
3-Notice of Intention to sue
Rule 39 of the Advocates Remuneration provides If the plaintiff in any action has not given
the defendant notice of his or her intention to sue, and the defendant pays the
amount claimed or found due at or before the first hearing, no advocate's costs
shall be allowed except on an order of the judge or magistrate.
Taxation of Cost Rules 267-4.

(a)-Statutory notice.
Suits against government, local government and scheduled corporation

Exception to the rule on Statutory notice.

In The Environment Action Network Limited (TEAN) V. Attorney General& National Environment
Management Authority Misc. Application No. 29/2011.

Notice of appeal. Rule 83 (a) of the Rules of Court appeal when one files a notice of appeal
and fails to institute the appeal within the prescribed time, he/she shall be taken to have
withdrawn his/her notice of appeal.

(c) Write to court to apply for the court record or a record of the proceedings.

(d) Forms the documents should take.

5. Selection of appropriate courts – civil courts

SOURCES OF CIVIL PROCEDURE LAW

1.The 1995 Constitution as Amended

2.Statute law;

3.Rules of court

4.Practice directions.

5.Judicial precedent.

6.Prescribed and practice forms.

7.The inherent jurisdiction of the court.

8.Books on practice and procedure.

Law applicable

1. Civil procedure Act Cap 282

2. Magistrate Courts Act Cap 19

3. Judicature Act Cap 16

4. The civil procedures Rules S.1 282-1. These rules includes:

(a) Government proceeding Acts.

(b) Tax tribunal.

Hierarchy of courts and some applicable laws. The lowest court in Uganda is the Local council court an

1. Local council courts provides for under section 10 Local council court Act.

One is allowed to appeal to Local council to court and if he/ she is still disgruntled, he can appeal to
Local council III Court. It should be noted that from Local council III court, one court can refer the case to
the chief Magistrate of the area.

Section 32(2) The Local Council Courts Act, 2006 provides for Right of appeal

(1) A party dissatisfied with the judgment or order of a local council court may, subject to the provisions
of this section or any written law, appeal against the judgment or order; but no appeal shall lie from a
judgment or order passed or made as a result of the consent of the parties.

(2) An appeal shall lie—

(a) from the judgment and orders of a village local council court to a parish local council court;

(b) from the judgment and orders of a parish local council court, to a town, division or sub-county
council court;

(c) from the judgment and orders of a town, division or sub-county local council court to a court
presided over by a Chief Magistrate;

(d) from decrees and orders made on appeal by a Chief Magistrate, with the leave of the Chief
Magistrate or of the High Court, to the High Court.

Section 10 (3) The Local Council Courts Act, 2006. provides that In any suit relating to causes and
matters specified in the Second Schedule and in the Third Schedule, where the court awards
compensation exceeding twenty five currency points, the court shall refer the case to the Chief
Magistrate of the area for the purposes of execution of the order and the Chief Magistrate may, if he or
she finds that the judgment award is grossly excessive, reduce the amount of the award taking into
account awards in similar cases.

In Yesrive Wayi v. Eddie Ssali 1972.

2. Magistrate Courts

3. High Court

Art 86 of the Constitution. Any person aggrieved by the determination of the High Court, may appeal
to the Court of Appeal under Art 86(2), whose decision is made final by S 96(3) of Statute 4.

3. Court of appeal

Rules which regulate court of appeal is court of appeal rules

4. Supreme court.

Supreme court is regulated by the Judicature (Supreme Court) Rules in Uganda.

It should be noted that Civil Procedure Act and Civil Procedure Rules are not
exhaustive to all civil procedure Act much as they are provided by either Parliament
and Statutory Instrument 71- 1.
If you use other legislations in court and there is a gap in the rule, then you fill with
civil procedure Rules Act. In Oil Seed v. Attorney General court of Appeal
2003, it was held that where no specific procedure is provided for under specific
legislation, the appropriate procedures may be adopted.
Section 43(2) of Judicature Act Cap 16 provides that where in any case no
procedure is laid down for the High court by any written law or by practice, court
may, in tis discretion, adopt procedure justifiable by the circumstances of the case.
In LDC v. Edward Mugula 1990 -91 Kampala Law report Pg 102, court held that
justifiable procedure can be through formal letter. Currently, it through Note of
Motion Order 52 Rule 1 of Civil Procedure Rules which provides that all
application to the court, except where otherwise expressly provided for under these
Rules, shall be by Motion and shall be heard in open court.
Order 52 Rule 2 Civil Procedure Rules S.1 282-1The application may be made
by using a Notice to the Parties affected by the Motion.

Notice of Motion under 0rder 51 rule 6.

0rder 52 rule (1)
INHERENT POWER OF COURTS.
The CPA and the CPR are not exhaustive on all remedies capable of being
granted by the Court.
Section 98 of Civil Procedure Act Cap 282 which provide that Nothing in this
Act shall be deemed to limit or otherwise affect the inherent power of court to make
such orders as may be necessary for the ends of Justice or to prevent abuse of the
process of court.
Section 14(2) Para c of Judicature Act Cap 16 provides that where no express
law or rule is applicable to any matter in issue before the High Court, In conformity
with the Principles of Justice, equity and good conscience.

Rule 2(2) Court of Appeal provides that Nothing in these Rules shall be taken to
limit or otherwise affect the inherent power of the court, or the High Court, to
make such orders as may be necessary for attaining the ends of justice or to
prevent abuse of the process of any such court, and that power shall extend to
setting aside judgments which have been proved null and void after they have
been passed, and shall be exercised to prevent abuse of the process of
any court caused by delay.
Rule 2(2) Supreme Court Rules provides that Nothing in these Rules shall be taken
to limit or otherwise affect the inherent power of the court, and the Court of Appeal,
to make such orders as may be necessary for achieving the ends of justice or to
prevent abuse of the process of any such court, and that power shall extend to
setting aside judgments which have been proved null and void after they have been
passed, and shall be exercised to prevent an abuse of the process of any court
caused by delay.

In Aya Investments (U) Ltd v M/s Kibeedi & Co. Advocates (Misc. Appl. No. 492 of 2008)
[2008] UGHC 48 (9 November 2008) held that the interests of justice herein demand
that the garnishee order nisi, together with the warrant of attachment and all
other execution orders granted against the applicant be stayed pending
investigation and remedial action of this court.

Re Helsby (1894) IQB 742 generally led to the conclusion that the fault of the professional advisor should
not be visited on his client, and that the matter should be re-opened terms, so as to enable to point of
substance to be dealt with.

In the case of Shabir Bin Ram Pakrash Aund (1955). 22 EA.CA 48. It was held that the mistake or
misunderstanding of the plaintiffs legal advisor, even though negligent, maybe accepted as a proper
ground for granting relief under the equivalent of Order 19 rule 20, of the Civil Procedure Rules, the
discretion of the court being perfectly free and the words "sufficient cause" not being comparable or
synonymous with "special ground. " Whether the ground for granting relief will be acceptable depends
on the facts of the particular case.

In Clouds 10 ltd v. Standard Chartered Bank S.C. Civil Appeal No.35 of 1992 (unreported)
where the error part of counsel in the form of a mistaken belief that a bank guarantee would suffice,
should not be visited on the appellant, especially in view of the fact that the appellant showed an
intention to bring cash. In the circumstances the failure to deposit money within the prescribed time
due to such error on the part of the appellant's counsel would amount to sufficient cause for purposes
of setting aside the dismissal of the suit under Order 23 rule2 (2) of the Civil Procedure Rules.

Relationship Btn Civil Procedure Rule and Substantive Justice.

1. Status and due technicalities should not defeat justice. Article 126(2) (d) of the
1995 Constitution as amended provides that ……………….

Substantive justice must be administered without undue regard to technicalities.

Article 126(2) (e) 1995 Constitution as amended is usually invoked when it come to
the process of ministering Justice without undue regards to technicalities.

Article 126 was not intended to do away with rules of procedure but in a reflection of the
saying that rules of procedure are handmaidens of justice. They should be applied with due
regard to the circumstances or each case.
we are not persuaded that
the Constituent Assembly
Delegates. intended to wipe
out, the rules of procedure of
our courts. by enacting
Article 126(2)(e). Para (e)
contains a caution against
undue regard to
technicalities. We think that
the article
appears to be a reflection of
the saying that rules of
procedure are handmaids to
justice - meaning that they,
should be applied with due
regard to the circumstsnces
of each case"
In Utex Industries Ltd Vs Attorney General Civil Application No. 52 of 1995 regarding how
slavishly Art 126 (2) (e ) of The Constitution has been and continues to be applied when
questions about failure to follow procedure arises in a proceeding. The Supreme had this to say:
“Regarding Art 126 (2)(e) we are not persuaded that the Constituent Assembly Delegates.
intended to wipe out, the rules of procedure of our courts. by enacting Article 126(2)(e). Para (e)
contains a caution against undue regard to technicalities. We think that the article appears to be a
reflection of the saying that rules of procedure are handmaids to justice - meaning that they,
should be applied with due regard to the circumstances of each case"

Article 126 (2)(e) must satisfy the court, that in the circumstances of the particular case before
the court it was not desirable to pay undue regard to a relevant technicality. Article 126 (2) (e ) is
not a magic wand in the hands of defaulting litigant"

In Athanasius Kivumbi Lule v. Hon Emmanuel Pinto Court of Appeal

1995 held that the objection is upheld and the appeal is struck out.

Article 126 is not of general application however only in fitting situation. In Tororo
Cement Co. Ltd v Frokina International Ltd (Civil Appeal 2 of 2001) [2002] UGSC 24 (24 April
2002) court held that
Article 126 was not meant to …… trend trying to avoid litigation and use
Alternative Dispute Resolution.

Laws used in Alternative Dispute Resolution are:

(i) Mediation Rule
(ii) Arbitration Act
Assignment.
Why is arbitration very important?

3-Notice of Intention to sue

Rule 39 of the Advocates Remuneration provides If the plaintiff in any action has not given
the defendant notice of his or her intention to sue, and the defendant pays the
amount claimed or found due at or before the first hearing, no advocate's costs
shall be allowed except on an order of the judge or magistrate.
Taxation of Cost Rules 267-4.

4-Statutory notice.

Suits against government, local government and scheduled corporation

5-Exception to the rule on Statutory notice.

In The Environment Action Network Limited (TEAN) V. Attorney General& National Environment
Management Authority Misc. Application No. 29/2011.

6-Payment of Court fee.

(a) The Judicature (Court Fees, Fines and Deposits) Rules

(b) Order 9 rule 16 The civil Procedure Rules provides Where on the day fixed for filling a defence to
appear and answer, it is found that the sermons has not been served upon the defendant in
consequence of the failure of the plaintiff to pay the court fees or charges, if any, for the service, the
court may make an order that the suit be dismissed.

Order 7 rule 11(c) The civil Procedure Rules provides that where the relief claimed is properly valued but
an insufficient fee has been paid, and the plaintiff, on being required by the court to pay the requisite
fee within a time to be fixed by the court, fails to do so.

In Lawrence Muwanga V Steven Kyeyune SCCA No. 12/2001

In Banco Arabe Espanol V Bank of Uganda CACA No. 42 of 1998.

In Kabandize and 20 Others V Kampala Capital City Authority Civil Appeal No. 28 of 2011.

In Dr. Rwanyarare & Others V Attorney General HCMA No.85/1993.

7. What is a Civil Suit?

Section 2 of Civil Procedure Act Cap 282 define suit to mean all civil proceedings commenced in any
manner prescribed.