Participants at the Small Claims Review at Piato
Put in place to fast track simple\r\ncases in the court system that can be argued out by the litigants themselves,\r\nthe Small Claims Procedure (SCP) has registered great successes.
It emerged in the second quarter\r\nreview of SCP in Kampala on June 19 that over Shs1 billion (Shs1,093,627,000)\r\nhas so far been recovered under the fast track access to justice programme between\r\nthe months of March and May.
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There is a significant improvement in\r\nperformance in the 11 courts where SCP was piloted, according to H/W Olive Kazaarwe\r\nMukwaya, the acting registrar of Judiciary’s Planning and Development Unit. She\r\npresented a statistical report showing performance of SCP between February and May\r\nthis year.
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"The number of cases registered for\r\nSmall Claims Procedure depict a steady growth against the Civil Suits\r\nregistered in the Normal Court Procedure for the period under review,” she\r\nsaid.
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On average, 200 cases are filed under\r\nSCP on a monthly basis. In the last quarter, it was observed that litigants\r\nwith small claims have increasingly been opting out of the mainstream court\r\nregistry for SCP.
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Court of Appeal’s Hon. Justice Geofrey\r\nKiryabwire, the chairperson of SCP programme, urged the judicial officers who\r\nhave benefitted from SCP trainings to become trainer of trainers so as to\r\nachieve effective delivery of services.
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He applauded the initiative saying the\r\nShs1b was proof that SCP has opened the door to put money back in the economy. Justice\r\nKiryabwire said, "This is an indication that we are improving access to justice\r\nand the way business is conducted.”
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SCP\r\nmoney as collateral
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Stakeholders at the meeting tasked the\r\nJudiciary to use the money recovered under SCP as collateral to get more\r\nfunding from government to spread out the initiative to other courts.
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Majority of the judicial officers\r\ninvolved in the pilot project voiced their dissatisfaction in the inconsistent\r\nbudget funds for the project.
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Although there were various concerns\r\nover judicial review of matters arising from SCP, Justice Kiryabwire stated\r\nthat for this kind of initiative, there are no appeals.
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However, he urged the judicial\r\nofficers to sensitise litigants and the public at large on the pros and cons of\r\nopting for this kind of procedure.
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The meeting was attended by\r\nmagistrates and support staff from the pilot courts, and other\r\ntechnocrats.
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What\r\nyou need to know
\r\n\r\nSCP is a civil claim whose subject\r\nmatter value does not exceed Shs10m. It is usually recommended in matters arising\r\nout of the supply of goods, debts and rent.
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Jurisdiction\r\nof the SCP Court
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The small claims procedure claims\r\nprocedure is applicable to claims not exceeding Shs10m in value.
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Every suit shall be instituted in a\r\ncourt in whose jurisdiction the cause of action wholly or in part arises.
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In case of a rental dispute or claim,\r\na small claim is instituted in a court in whose jurisdiction the property is\r\nsituated or where the defendant resides.
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Outside\r\nits jurisdiction
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The\r\nsmall court however will not handle:
\r\nFamily disputes relating to management of estates;
\r\nClaims against government;
Suits\r\nof defamation;
Malicious\r\npersecution;
Wrongful\r\nimprisonment;
Wrongful\r\narrest or seduction;
Petitions\r\nfor divorce;
Nullification\r\nof marriage or separation of spouse;
A\r\ncase involving validity of wills;
A\r\nclaim in which specific performance is sought; or
Contracts\r\nof service and contracts for service.
How\r\ndo you Institute a Claim?
\r\n\r\nContact the opposing party (the person\r\nagainst whom you are instituting a claim) with a request to satisfy your\r\nclaim. This may be done through a face to face verbal demand or a\r\ntelephone call.
\r\nIf the opposing party does not comply\r\nwith your verbal request, address a written demand to him or her, setting out\r\nthe particulars of the facts on which your claim is based, and the amount of\r\nthe in accordance with schedule I of the SCP Rules.
\r\n\r\nDeliver\r\nthe demand notice by hand to the opposing party.
\r\n\r\nIf after 14 days the opposing party\r\ndoes not respond to the demand notice, report in person to the clerk of the SCP\r\nat your local court, with your proof that the demand notice was delivered to\r\nthe opposing party.
\r\nTake along any contract, document or\r\nother proof upon which your claim is based or that has a bearing on your claim.
\r\nTake the full name and address\r\n(home and business address if known) and telephone contacts of the\r\nopposing party.
\r\nCourts\r\nusing SCP
\r\nThe 11 original courts handling small\r\nclaims are Chief Magistrates Courts of Mengo, Masaka, Arua, Lira, Kabale, Jinja,\r\nMbarara, Makindye, Mbale, Nakawa, and Nabweru.
\r\n\r\nThis year, SCP has\r\nbeen extended to 15 more Chief Magistrate’s Courts of Nakasongola, Busia,\r\nLuwero, Kasese, Hoima, Bushenyi, Iganga, Mpigi, \r\nKitgum, Mukono, Entebbe, Fort Portal, Soroti, Masindi and Gulu.
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Posted 29th, June 2015
