How to recover a debt in Uganda: from demand to judgment
In brief
Debt recovery runs from demand to judgment to execution. Start with a written demand. If the amount does not exceed UGX 10 million, use the small claims procedure (Judicature (Small Claims Procedure) Rules, 2011). For a liquidated demand you can use the fast summary suit under Order 36 of the Civil Procedure Rules, where the defendant needs leave to defend. After judgment, enforce it — by attachment and sale (Order 22) or by attaching debts owed to the debtor through a garnishee order (Order 23). Mind the limitation period for the claim.
1. Governing law
Recovering a debt is a civil claim governed by the Civil Procedure Act, Cap. 282 and the Civil Procedure Rules, with faster tracks for money claims. Small money claims (subject matter not exceeding ten million shillings) go through the Judicature (Small Claims Procedure) Rules, 2011 (r.5). A liquidated demand — a fixed sum due on a contract, bill of exchange, promissory note, cheque, bond or guaranty — may be pursued by summary suit on a specially endorsed plaint under Order 36 of the Civil Procedure Rules, in which the defendant must obtain the court's leave to appear and defend. An ordinary suit is begun by plaint (see the civil-suit guide). Once judgment is obtained, it is enforced through execution under Order 22 — including attachment and sale of property — or by a garnishee (attachment of debts) order under Order 23, which attaches money a third party owes the judgment debtor. Time limits matter: an action founded on contract is generally barred after six years (see the limitation note). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Civil Procedure Act, Cap. 282 and the Civil Procedure Rules — Order 36 (summary procedure on a specially endorsed plaint for a liquidated demand; defendant needs leave to defend); Order 22 (execution of decrees, including attachment and sale); Order 23 (attachment of debts — garnishee orders).
- Judicature (Small Claims Procedure) Rules, 2011 — r.5 (small claims procedure for subject matter not exceeding UGX 10 million).
- Limitation Act, Cap. 290 — actions founded on contract are generally barred after six years (see the limitation note).
3. Practical guidance
Send a clear written demand stating the sum due, the basis, and a deadline to pay; keep proof of delivery.
Pick the route by amount and nature: small claims for sums up to UGX 10 million (Small Claims Rules), or a summary suit under Order 36 for a liquidated demand.
For a summary suit, file a specially endorsed plaint with a verifying affidavit; the defendant must seek leave to appear and defend (Order 36).
Get judgment, then enforce it — attachment and sale under Order 22, or a garnishee order attaching debts owed to the debtor under Order 23.
Check the limitation period before suing (generally six years for contract debts), and consider a statutory demand where the debtor is a company unable to pay (see that note).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.