JUDICIARY Latest Features

In the Judiciary - Instituing a Civil Suit Part II

At a hearing, the parties are entitled to a fair, speedy and public hearing before an independent and impartial court (magistrate or judge).
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\r\n 1. Parties have a right to interpreters where they do not follow proceedings in English. The interpreters must be polite and courteous during court proceedings. The interpreter has a duty to interpret correctly what the judge or magistrate or witnesses have said.
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\r\n 2. Parties have an obligation to cause the attendance of witnesses to prove their claim or defense.
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\r\n 3. Witnesses must be given a chance to give evidence freely. The elderly, children, the sick and physically challenged must be allowed to express themselves freely.
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\r\n 4. Witnesses have a duty to give evidence on oath or on affirmation if they do not want to swear by the Bible or Koran. Parties to a case become witnesses once they step in the witness box.
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\r\n 5. At the conclusion of a case, the parties are entitled to a decision that determines the dispute.
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\r\n 6.Parties are entitled to a copy of the typed judgment as a matter of right.
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\r\n 7. A party who has lost a case has a right to be informed of the next step to appeal the case to a higher court.
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\r\n Essential steps for the unsuccessful party, pending appeal:

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\r\n 1. Proceedings of a case must be availed within reasonable time to enable a dissatisfied party launch an appeal in a higher court.
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\r\n 2. Payment for typed proceedings must be made into the bank after obtaining an assessment by a court cashier only. For avoidance of doubt, parties must not make any payment to a secretary or clerk for typing proceedings.
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\r\n 3. The unsuccessful party to a case may stop enforcement of the decree by making an oral request to the judge or magistrate, after reading of the judgment, that execution or enforcement of the decree should not take place pending appeal to a higher court. The judge or magistrate will then set conditions for the stay of execution
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\r\n 4.The successful party is entitled to apply for enforcement of the decree. However enforcement will take place only when the unsuccessful party has not secured orders staying execution or enforcement.
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\r\n Harriet Nalukwago Ssali Lule
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Judiciary Deputy PRO

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Posted 12th, March 2013
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