Judicature (Small Claims Procedure) Rules, 2011

These Rules may be cited as the Judicature (Small Claims Procedure) Rules, 2011.

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Jurisdiction: Uganda
Instrument: Rule
Citation: Statutory Instrument 25 of 2011
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

These Rules may be cited as the Judicature (Small Claims Procedure) Rules, 2011. These Rules come into force on the 30th day of May, 2011. Defines terms: "Court", "judicial officer", "small claim", and "small claims procedure". Establishes the Small Claims Procedure; the Chief Justice may designate courts by Gazette notice; the High Court has general supervisory powers over small claims in magistrates courts. A Small Claims Procedure covers cases whose subject matter does not exceed ten million Uganda shillings.

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Provisions of Judicature (Small Claims Procedure) Rules, 2011

Showing 35 of 35

Part I

Preliminary

1
Preliminary - Title

AI-assisted research summary: These Rules may be cited as the Judicature (Small Claims Procedure) Rules, 2011.

Section Title Section These Rules may be cited as the Judicature (Small Claims Procedure) Rules, 2011.
2
Preliminary - Commencement

AI-assisted research summary: These Rules come into force on the 30th day of May, 2011.

Section Commencement Section These Rules shall come into force on the 30th day of May, 2011.
3
Preliminary - Interpretation

AI-assisted research summary: Defines terms: "Court", "judicial officer", "small claim", and "small claims procedure".

Section Interpretation Section In these Rules, unless the context otherwise requires— " Court " means the High Court and in particular the Commercial Court Division, a Chief Magistrates’ Court and a Magistrate Grade 1 Court; " judicial officer " means a Judge, Chief Magistrate or Magistrate Grade 1; " small claim " means a matter whose subject matter does not exceed ten million Uganda shillings; " small claims procedure " means the procedure established under rule 4.

Part II

Establishment of Small Claims Procedure

4
Establishment of Small Claims Procedure - Establishment of Small Claims Procedure

AI-assisted research summary: Establishes the Small Claims Procedure; the Chief Justice may designate courts by Gazette notice; the High Court has general supervisory powers over small claims in magistrates courts.

Section Establishment of Small Claims Procedure Section There is established a procedure known as the Small Claims Procedure. The objects of the Small Claims Procedure are to adjudicate over small claims and to perform any other matters that may be conferred by the Chief Justice. The Chief Justice may by notice published in the Gazette designate a court where these Rules shall apply. The High Court shall have general powers of supervision over matters of small claims in magistrates courts.
5
Establishment of Small Claims Procedure - Jurisdiction

AI-assisted research summary: A Small Claims Procedure covers cases whose subject matter does not exceed ten million Uganda shillings.

Section Jurisdiction Section These Rules shall not apply to— A Small Claims Procedure shall cover a case whose subject matter does not exceed ten million Uganda shillings. family disputes relating to the management of an estate; a claim against the Government; a suit for defamation, malicious prosecution, wrongful imprisonment, wrongful arrest or seduction; a petition for divorce, nullification of marriage or separation of spouses; a case involving the validity of a will; a claim in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable property and disputes arising out of tenancy agreements not exceeding ten million Uganda shillings in value; or contracts of service and contracts for service.

Part III

Record of proceedings

6
Record of proceedings - Record of proceedings

AI-assisted research summary: The Court must keep a written record of its proceedings and include specified particulars (case serial number, parties and witnesses' names and addresses, hearing date, witness evidence summary, exhibits, judgment/orders and related dates and execution particulars).

Section Record of proceedings Section In every case, the Court shall keep a record of its proceedings in writing, and every record shall include the following particulars— the serial number of the case; the statement of claim; the date of hearing the case; the names and addresses of the claimant and his or her witnesses; the names and addresses of the defendant and his or her witnesses; a summary of the evidence of the witnesses; the documentary exhibits, if any; the judgment or final orders of the Court and the date of the judgment or final orders; the date of payment of the judgment debt, if any; and the particulars of execution of the judgment, if any.

Part IV

Assignment to a small claim

7
Assignment to a small claim - Assignment to a judicial officer

AI-assisted research summary: The Chief Justice may assign a judicial officer to preside over a Small Claims Procedure case or to carry out incidental duties.

Section Assignment to a judicial officer Section The Chief Justice may assign a judicial officer to— preside over a case in the Small Claims Procedure; and carry out any other duties incidental to the above objects.

Part IX

Hearing and examination of witnesses

20
Hearing and examination of witnesses - Hearing

AI-assisted research summary: Parties to a small claim must appear in person at the hearing with relevant documents and exhibits, ensure supporting witnesses attend court, and have proof that summons or statements were served on the other party.

Section Hearing Section The parties to a small claim shall, on the day and time of hearing— appear in person with all the relevant documents and exhibits to the claim, written statement of defence or counterclaim; ensure that any witness or witnesses in support of his or her claim are present in Court ; and have proof that the summons, written statement of defence or counterclaim was served upon the other party or parties.
21
Hearing and examination of witnesses - Judicial officer’s duties at hearing

AI-assisted research summary: A judicial officer must ensure hearings follow rule 25; must put claimant and defendant on oath to state or respond to claims and both parties must answer questions.

Section Judicial officer’s duties at hearing Section A judicial officer shall ensure that the proceedings at the hearing are in accordance with the provisions of rule 25. The judicial officer shall request the claimant on oath to state the facts of his or her claim clearly and submit any document or exhibit relevant to the claim. The claimant shall answer any questions that may be asked by the judicial officer or any other party to the claim. The judicial officer shall request the defendant on oath to respond to the claim presented under sub-rule (2) and the defendant shall answer any questions asked by the judicial officer or the other party to the claim.
22
Hearing and examination of witnesses - Alternative dispute resolution

AI-assisted research summary: A judicial officer must, in appropriate cases, refer parties to mediation, arbitration or other ADR within fourteen days before the hearing; if the parties agree under sub‑rule (1) the judicial officer must register a consent judgment.

Section Alternative dispute resolution Section A judicial officer shall, in any appropriate case, refer the parties to mediation, arbitration or other form of alternative dispute resolution within fourteen days before the hearing of a case. Where the parties reach an agreement under sub-rule (1), the judicial officer shall register a consent judgment.
23
Hearing and examination of witnesses - Witnesses

AI-assisted research summary: A judicial officer may allow witnesses to give sworn evidence relevant to the claim; witnesses must answer questions; only one witness may be present while giving testimony; witnesses who have already testified may attend; judicial officers may summon witnesses when warranted.

Section Witnesses Section A judicial officer may allow a witness to the case to give evidence on oath, which is relevant to the claim, a written statement of defence or counterclaim and the witness shall answer any questions asked by the judicial officer or any other party to the claim. The judicial officer shall permit only one witness to be present in the Courtroom at the time of giving testimony and a witness who has already testified in the case may attend the proceedings. A judicial officer shall have powers to summon a required witness where the circumstances warrant.
24
Hearing and examination of witnesses - Cross examination

AI-assisted research summary: Cross-examination between the parties or of any witness is not permitted; the judicial officer may inquire into any aspect of evidence adduced in court.

Section Cross examination Section Cross-examination between the parties or of any witness is not permitted, but the judicial officer may inquire into any aspect of the evidence that has been adduced in court.

Part V

Parties to a small claim

8
Parties to a small claim - Parties who may appear in Court

AI-assisted research summary: Natural persons may start court actions; bodies corporate may be defendants and may appear by a non-advocate representative; parties must appear in person and must not be represented by an advocate.

Section Parties who may appear in Court Section Only a natural person may institute an action in court, but a body corporate may become a party to an action in a court as a defendant. A party to an action shall appear in person before a court and, shall not be represented by an advocate during the proceedings. In case of a body corporate, it may appear before court by a representative not being an advocate.

Part VI

Institution of a small claim

10
Institution of a small claim - Notice of demand

AI-assisted research summary: Before instituting a small claim, a person must give the defendant a notice of demand asking them to satisfy the claim within fourteen days of receipt of the notice.

Section Notice of demand Section A person shall, before instituting a small claim under these Rules, give a notice of demand to the defendant specified in Schedule 1, requesting him or her to satisfy a small claim within fourteen days of receipt of the notice of demand.
11
Institution of a small claim - Claim form

AI-assisted research summary: A person may start a small claim by filing the Schedule 2 claim form; a person instituting a small claim must attach specified documents, provide the defendant's name and address, and give information for speedy disposal.

Section Claim form Section A person instituting a small claim shall— A person may institute a small claim by filing a claim form specified in Schedule 2. attach to the claim a copy of the notice of demand specified in rule 10 and an affidavit of service specified in Schedule 4; attach to the claim a copy of any agreement, document or other proof upon which the claim is based; indicate the full name and address of the intended defendant; and give any other information relevant for the speedy disposal of the claim.
9
Institution of a small claim - Where to institute a small claim

AI-assisted research summary: Every suit must be instituted in a court within the local limits of whose jurisdiction the cause of action wholly or in part arises; for rental disputes or claims, institute in a court where the property is situated or where the defendant resides.

Section Where to institute a small claim Section Subject to rule 4(3), every suit shall be instituted in a court within the local limits of whose jurisdiction the cause of action wholly or in part arises. In the case of a rental dispute or claim, a small claim shall be instituted in a Court within the local limits of whose jurisdiction the property is situated or where the defendant resides.

Part VII

Service of summons, defence and counter claim

12
Service of summons, defence and counter claim - Service of summons

AI-assisted research summary: A claimant must serve the summons (Schedule 4) on the defendant, and the claimant or a Court process server must file an affidavit of service (Schedule 3) within seven days of service.

Section Service of summons Section A claimant shall, in person or through a designated Court process server, serve the summons specified in Schedule 4, upon the defendant. The claimant or Court process server shall, within seven days of service, file an affidavit of service specified in Schedule 3, showing proof of service of the claim upon the defendant.
13
Service of summons, defence and counter claim - Response of defendant

AI-assisted research summary: A defendant, upon receipt of the summons, must either satisfy the debt or claim owed to the claimant; or deliver to the Court a written statement of defence and counterclaim as specified in Schedule 5; or institute a counterclaim by delivering a written statement of defence and counterclaim to the clerk of the Court.

Section Response of defendant Section A defendant shall, upon receipt of the summons— satisfy the debt or claim owed to the claimant; or deliver, to the Court , a written statement of defence and counterclaim as specified in Schedule 5, containing the nature of his or her defence and particulars of the grounds on which it is based; or institute a counterclaim by delivering a written statement of defence and counterclaim which contains particulars of the claim to the clerk of the Court .
14
Service of summons, defence and counter claim - Service of counterclaim

AI-assisted research summary: The defendant or a designated court process server must serve the claimant with the written statement of defence and counterclaim within fourteen days of filing it in Court.

Section Service of counterclaim Section The defendant or a designated Court process server shall serve a copy of the written statement of defence and counterclaim provided for in rule 13(b) or (c), upon the claimant, within fourteen days of filing the written statement of defence and counterclaim in Court .
15
Service of summons, defence and counter claim - Reply to counter claim

AI-assisted research summary: If the defendant files a defence with a counterclaim, the claimant must within fourteen days of service of the defence and counterclaim either file a reply to that counterclaim (per Schedule 6) or notify the Court in writing that they will reply at the hearing.

Section Reply to counter claim Section Where the defendant has filed a defence which includes a counterclaim under rule 13(c), the claimant shall, within fourteen days of service of the written statement of defence and counterclaim— file a reply to the counterclaim specified in Schedule 6; or notify the Court in writing, that he or she shall reply to the counterclaim at the hearing of the case.

Part VIII

Satisfied claim, default judgment, spliting of claims, and cumulative jurisdiction

16
Satisfied claim, default judgment, spliting of claims, and cumulative jurisdiction - Satisfied claim

AI-assisted research summary: If a defendant satisfies a claim under rule 13(a), the claimant must give the defendant a receipt or written acknowledgement (and give a copy to the Court) and must inform the Court in writing within seven days of that acknowledgement that the claimant will not proceed with the case.

Section Satisfied claim Section Where a defendant satisfies a claim under rule 13(a), the claimant shall— give him or her a receipt or written acknowledgement of receipt of the money owed, a copy of which shall be given to the Court ; and inform the Court in writing within seven days of acknowledgement of receipt that he or she shall not proceed with the case filed in the Court .
17
Satisfied claim, default judgment, spliting of claims, and cumulative jurisdiction - Default judgment

AI-assisted research summary: If a defendant does not respond to a summons duly served under rule 12 and there is proof of service, the Court must enter judgment for the claimant.

Section Default judgment Section Where a defendant does not respond to the summons duly served upon him or her under rule 12, the Court shall, upon proof of service, enter judgment for the claimant.
18
Satisfied claim, default judgment, spliting of claims, and cumulative jurisdiction - Splitting of claims

AI-assisted research summary: A claim that exceeds a court's jurisdiction and is based on the same cause of action may not be split to recover it in more than one action when the parties and the point in issue are the same.

Section Splitting of claims Section A claim exceeding the jurisdiction of a court and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue in those actions are the same.
19
Satisfied claim, default judgment, spliting of claims, and cumulative jurisdiction - Cumulative jurisdiction

AI-assisted research summary: If two or more claims based on different causes of action are combined in one summons, the court has the same jurisdiction to adjudicate each claim as if it were the sole subject of a separate action.

Section Cumulative jurisdiction Section If two or more claims, each based upon a different cause of action are combined in one summons, the court shall have the same jurisdiction to adjudicate upon each claim as it would have had, if each claim had formed the sole object of a separate action.

Part X

Judgment and decree

27
Judgment and decree - Judgment

AI-assisted research summary: When the judicial officer has heard all parties and any witness, the judicial officer must pass the judgment set out in Schedule 7 either immediately after the hearing or within fourteen days after the hearing.

Section Judgment Section Where the judicial officer has heard all parties and any witness to the case, he or she shall pass judgment specified in Schedule 7, immediately after the hearing or within fourteen days after hearing the case.
28
Judgment and decree - Inquiry into financial position

AI-assisted research summary: When the court has granted a money judgment, the court must ask the judgment debtor if they can pay immediately; if not, the court may hold a private inquiry into the debtor's finances and may order instalments or suspend the order on conditions.

Section Inquiry into financial position Section After such an inquiry, the court may— Where court has granted judgment for payment of a sum of money, the court shall inquire from the judgment debtor whether he or she is able to comply with the judgment without delay, and if he or she indicates that he or she is unable to do so, the court may, in camera, conduct an inquiry into the financial position of the judgment debtor and into his or her ability to pay the judgment debt and costs. order the judgment debtor to pay the judgment debt and costs in specified instalments; or suspend the order under sub-rule (a) either wholly or in part on such conditions as to security or as the court may determine.
29
Judgment and decree - Expenses

AI-assisted research summary: A party to a claim under these Rules must bear his or her own expenses.

Section Expenses Section A party to a claim under these Rules shall bear his or her own expenses.
30
Judgment and decree - Review of certain judgments

AI-assisted research summary: The court may, on application by an aggrieved party, review or vary judgments in certain circumstances (within six weeks for judgments in absence; up to one year for voidness, fraud, mistake or new matters; and correct latent errors within one year).

Section Review of certain judgments Section The court may upon application by an aggrieved party— review or vary any judgment granted by it in the absence of the person against whom that judgment was granted, where the application for set-down for hearing is made on a date within six weeks after the applicant first had knowledge of the judgment; review or vary any judgment granted by it which was void or was obtained by fraud or as a result of a mistake common to the parties, discovery of new and important matters provided the application is made not later than one year after the applicant first had knowledge of the voidness, fraud or mistake; correct latent errors in any judgment, provided, in the case of an application, the application is made not later than one year after the applicant first had knowledge of any errors.
31
Judgment and decree - Execution of judgment

AI-assisted research summary: Persons against whom judgment is given must comply with the Court's order; if the decretal amount is paid the judgment creditor must issue a receipt and notify the Court within seven days; if the debtor does not comply the judgment creditor may, with the court's guidance, apply for execution under section 38 of the Civil Procedure Act and order XXII, rule 7 of the Civil Procedure Rules.

Section Execution of judgment Section A person against whom a judgment is given shall abide by the Court ’s order specified in Schedule 8. Where a judgment debtor pays the decretal amount, the judgment creditor shall issue a receipt acknowledging payment and shall notify the Court in writing within seven days after receipt of the payment. Where a judgment debtor fails to comply with the judgment or order of the Court , the judgment creditor, may with the guidance of the court apply for execution of the judgment or order under section 38 of the Civil Procedure Act and order XXII, rule 7 of the Civil Procedure Rules.

Part X

Proceedings of small claims procedure

25
Proceedings of small claims procedure - Proceedings of Small Claims Procedure

AI-assisted research summary: The Court must hear cases quickly, guided by fairness and natural justice, ensure parties can be heard and call evidence, and judicial officers with an interest must disqualify themselves.

Section Proceedings of Small Claims Procedure Section The Court shall hear every case before it expeditiously and without undue regard to technical rules of evidence or procedure, but in exercising its jurisdiction, the Court shall be guided by the principles of fairness, impartiality without fear or favour and adhere to the rules of natural justice, and in particular, shall ensure that— each party is given an opportunity to be heard; each party is accorded ample opportunity to call witnesses and to adduce any other evidence as he or she requires to support his or her case; and a judicial officer who has a direct or indirect interest of whatever nature in the dispute before him or her shall disqualify himself or herself from hearing the case.
26
Proceedings of small claims procedure - Cessation of an action

AI-assisted research summary: When a court finds a case raises complex legal or factual questions it cannot adequately decide, the court must suspend the proceedings; if suspended, the claimant may start a fresh action in another court with appropriate jurisdiction; when the claimant files that fresh claim the suspended proceedings are deemed withdrawn and the file closed.

Section Cessation of an action Section If a court is of the opinion that a case contains complex questions of law or fact which cannot be adequately adjudicated upon by it, it shall suspend the proceedings. If the proceedings are suspended in sub-rule (1), the claimant may institute a fresh action in another court of law which has the appropriate jurisdiction. Upon the claimant filing a fresh claim in another court of law in accordance with sub-rule(2), the claimant shall be deemed to have withdrawn the suspended proceedings and the file shall be closed accordingly.

Part XI

General

32
General - Extension of time

AI-assisted research summary: The Court may extend any period fixed or granted for doing acts under these Rules, even after it has expired.

Section Extension of time Section Where any period is fixed or granted by the Court for doing any act prescribed or allowed by these Rules, the Court may, from time to time extend that period even where the period originally fixed or granted has expired.
33
General - Inherent powers of Court

AI-assisted research summary: The Court retains its inherent power to make orders necessary for the ends of justice or to prevent abuse of its process; these Rules do not limit or affect that power.

Section Inherent powers of Court Section Nothing in these Rules, shall be deemed to limit or 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 .
34
General - General power to amend

AI-assisted research summary: The Court may, at any time and on such terms as to costs or otherwise as it thinks fit, amend any defect or error in any proceeding in a suit.

Section General power to amend Section The Court may, at any time, and on such terms as to costs or otherwise as it thinks fit, amend any defect or error in any proceeding in a suit and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or arising out of such proceedings.
35
General - Correction of judgments, decrees or orders

AI-assisted research summary: The Court may correct clerical or mathematical errors in a judgment, decree or order of the Court, at any time, either on its own motion or on application by any of the parties.

Section Correction of judgments, decrees or orders Section The Court may, at any time, on its own motion or on application of any of the parties, correct a clerical or mathematical error in a judgment, decree or order of the Court .

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