Summary suits under Order 36 in Uganda
In brief
Order 36 of the Civil Procedure Rules provides a fast track for clear money claims. It applies where the plaintiff seeks only to recover a debt or liquidated demand arising on a contract (such as a bill of exchange, promissory note, cheque or simple contract debt), a bond or guaranty, a trust, or an income-tax debt — and to certain landlord recovery-of-land claims. The plaint is specially endorsed 'Summary Procedure Order XXXVI' and supported by an affidavit verifying the claim, and the defendant cannot defend as of right: they must apply for and obtain the court's leave to appear and defend.
1. Governing law
Order XXXVI of the Civil Procedure Rules — summary procedure on a specially endorsed plaint — applies to the High Court and all magistrates' courts (r.1). It is available where the plaintiff seeks only to recover a debt or liquidated demand in money, with or without interest, arising upon a contract (expressed or implied — for instance on a bill of exchange, hundi, promissory note or cheque, or other simple contract debt), on a bond or written contract for a liquidated amount, on a guaranty where the claim against the principal is for a debt or liquidated amount only, on a trust, or upon a debt to the Government for income tax; it also covers a landlord's action to recover land from a tenant whose term has ended (r.2). The suit is begun by a plaint endorsed 'Summary Procedure Order XXXVI' accompanied by an affidavit verifying the cause of action and the amount claimed. The defining feature is that the defendant has no automatic right to defend: judgment may be entered for the plaintiff unless the defendant applies for and is granted leave to appear and defend, which the court gives where a triable issue or reasonable defence is disclosed. 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 Rules, Order XXXVI (summary procedure on a specially endorsed plaint) — r.1 (applies to the High Court and all magistrates' courts); r.2 (the liquidated demands and claims to which it applies, including debts on a bill of exchange, promissory note, cheque or simple contract, a bond, a guaranty, a trust, or income tax; and landlord recovery of land); the plaint is endorsed 'Summary Procedure Order XXXVI' with a verifying affidavit, and the defendant must obtain leave to appear and defend.
3. Practical guidance
Confirm the claim is a debt or liquidated (fixed, ascertainable) demand within Order 36 r.2 — a cheque or simple contract debt qualifies.
File a specially endorsed plaint marked 'Summary Procedure Order XXXVI' with an affidavit verifying the cause of action and the amount.
Serve the defendant, who must apply for leave to appear and defend within the time allowed — they cannot defend as of right.
If the defendant does not apply, or is refused leave, seek judgment; if leave is granted on a triable issue, the suit proceeds to a hearing.
After judgment, enforce by execution (Order 22) or a garnishee order (Order 23).
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.