There are many people in Uganda today who do not know how to protect their rights simply because they don’t know how to institute a civil suit.\r\n
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The fundamental human right to a fair hearing by an independent and impartial court or tribunal is enshrined in Article 28 of the 1995 Constitution. However for a person to take full advantage of this law, it is necessary to know the legal obligations and legal rights under the civil procedure rules of Uganda:
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Rights and Responsibilities at commencement of a suit:
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1. A plaintiff is entitled to file a claim in a court with jurisdiction to determine the dispute between the parties. The plaint gives particulars of claim, when the claim arose, where it arose, and a request for appropriate relief.
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2. The plaintiff has a duty to pay prescribed fees which fees must be paid into a bank after obtaining the assessment from the court cashier. It is after payment of fees that the plaint is formally received by court and a receipt is issued.
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3. A plaintiff who cannot afford to pay prescribed fees may make a written request to the magistrate or registrar for waiver of fees with proof by affidavit of financial inability to pay.
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4. A plaintiff must be informed of the prescribed 21 days within which service of summons or court process is to be returned.
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5. Service of all documents signed and sealed by a magistrate or registrar, is effected by court process server or court clerk.
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6. A defendant must be informed of the 14 days within which a defense must be filed in court. The defense may admit the claim or deny the claim.
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7. A hearing date is obtained by a written request for a hearing date. A hearing notice will be signed and sealed for that purpose.
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8. A party to a case has a duty NOT to offer inducement or tips or any illegal payment to a court official or judicial officer. Such conduct constitutes and offence under the Anti-corruption Act No. 2009 and is punishable by imprisonment.
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9. A party to a case has a right to refuse to make any illegal payment to a court official and to report such an official to the Resident Judge, Deputy Registrar or Chief Magistrate in charge of that circuit.
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10. A written complaint can also be made to the Inspector of Courts, the Chief Registrar, or Registrar High Court, who are all based at the High Court, Plot 2, The Square, Kampala (off the City Square) or P.O.Box 7085, Kampala.
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\r\n Harriet Nalukwago Ssali Lule
\r\n Judiciary Deputy PRO
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Posted 4th, March 2013
