Civil Procedure Rules

1. The following orders and rules may be cited as the Civil Procedure Rules

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. These Rules shall apply, as far as practicable, and unless otherwise expressly provided, to all matters arising and to all proceedings taken on any matters under the Act, or any Act amending the Act

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Unless the context or subject matter is otherwise required, the terms and expressions defined in the Act have in these Rules the meanings assigned to them

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. All persons may be joined in one suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if those persons brought separate suits, any common question of law or fact would arise

1. Where it appears to the court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient 1 These Rules were made under the Civil Procedure Act, 1964 Revision, Cap. 65, section 85. Section 85 was repealed by the Judicature Act, Act 11/1967, section 48, which saved "...any rules made thereunder relating to the High Court... with such modifications as the Rules Committee may consider necessary to bring them into conformity with the provisions of the Act...". Act 11/1967 was repealed by the Judicature Statute, Statute 13/1996, section 51, which again saved these Rules "... subject to such modifications as the Chief Justice may direct in writing...". (See also the statutory instruments under the Judicature Act, Cap. 13.)

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against those persons, any common question of law or fact would arise

1. (b) against such one or more of the defendants as may be found to be liable according to their respective liabilities.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. It shall not be necessary that every defendant shall be interested in all the relief claimed in any suit against him or her

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. The plaintiff may at his or her option join as parties to the same suit all or any of the persons severally, or jointly and severally liable on any one contract, including parties to bills of exchange and promissory notes

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where the plaintiff is in doubt as to the persons from whom he or she is entitled to obtain redress, he or she may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Where there are numerous persons having the same interest in one suit, one or more of such persons may, with the permission of the court, sue or be sued, or may defend in such suit, on behalf of or for the benefit of all persons so interested. But the court shall in such case give notice of the institution of the suit to all such persons either by personal service or, where, from the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the court in each case may direct.
2. (2) Any persons on whose behalf or for whose benefit a suit is instituted or defended under subrule (1) of this rule may apply to the court to be made a party to that suit.

1. No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it

1. (1) Where a suit has been instituted in the name of the wrong person as plaintiff, or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff upon such terms as the court thinks fit.
2. (2) The court may at any stage of the proceedings either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, be added.
3. (3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his or her consent in writing to being added.
4. (4) Where a defendant is added or substituted, the plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant, and, if the court thinks fit, on the original defendants.
5. (5) For the purpose of limitation, the proceedings against any person added or substituted as defendant shall be deemed to have begun only on the service of the summons on him or her.

1. The court may give the conduct of the suit to such person as it deems proper

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead or act for that other in any proceeding, and in like manner, where there are more defendants than one, any one or more of them may be authorised by any other of them to appear, plead or act for that other in any proceeding.
2. (2) The authority shall be in writing signed by the party giving it and shall be filed in the case.

1. Any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial by motion or summons or at the trial of the suit in a summary manner

1. (2) The leave shall be applied for by summons in chambers ex parte supported by affidavit.
2. (3) A copy of the notice shall be filed and shall be served on such person according to the rules relating to the service of a summons.
3. (4) The notice shall state the nature and grounds of the claim and shall, unless otherwise ordered by the court, be filed within a time limited for filing his or her defence.
4. (5) The notice shall be in or to the effect of Form 23 in Appendix A to these Rules with such variations as circumstances require, and a copy of the plaint shall be served with the notice.

1. (b) in default of his or her so doing he or she shall be deemed to admit the validity of the decree obtained against the defendant, whether obtained by consent or otherwise, and his or her own liability to contribute or indemnify, as the case may be, to the extent claimed in the third party notice, except that a person so served and failing to enter an appearance within the period fixed in the notice may apply to the court for leave to enter an appearance, and for good cause such leave may be given upon such terms, if any, as the court shall think fit.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (b) the court may upon the application of the defendant pass such judgment against the third party before the defendant has satisfied the decree passed against him or her, but the court may set aside or vary any judgment passed under this rule upon such terms as may seem just.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where a third party makes default in entering an appearance in the suit, in case the suit is tried and results in favour of the plaintiff, the court may either at or after the trial enter such judgment as the nature of the suit may require for the defendant giving notice against the third party; but execution of the judgment shall not be issued without leave of the court, until after satisfaction by the defendant of the decree against him or her; and if the suit is finally decided in the plaintiffs favour, otherwise than by trial, the court may, upon application ex parte supported by affidavit, order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the third party at any time after satisfaction by the defendant of the decree obtained by the plaintiff against him or her

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. If a third party enters an appearance pursuant to the third party notice, the defendant giving the notice may apply to the court by summons in chambers for directions, and the court, upon the hearing of the application, may, if satisfied that there is a proper question to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the suit, as the court may direct; and, if not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party

1. The court may decide all questions of costs between a third party and the other parties to the suit and may make such orders as to costs as the justice of the case may require

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where a person served with a third party notice by a defendant or by a third party claims to be entitled to contribution or indemnity over against any person not a party to the suit, he or she may by leave of the court issue a third party notice to that effect; and rules 14 to 19 of this Order shall apply mutatis mutandis to every notice so issued

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where a defendant claims to be entitled to contribution or indemnity against any other defendant in the suit, a notice may be issued and the same procedure adopted for the determination of such questions between the defendants as would be issued and taken against the other defendant, if the last-mentioned defendant were a third party; but nothing in this rule shall prejudice the plaintiff against any defendant in the suit

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Applications under rules 8, 15, 17 and 20 of this Order shall be by summons in chambers.
2. (2) Applications under rule 16 of this Order may be made orally or by summons in chambers.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his or her claim in order to bring the suit within the jurisdiction of any court

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where a plaintiff omits to sue in respect of or relinquishes any portion of his or her claim, he or she shall not afterwards sue in respect of the portion omitted or relinquished

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. A person entitled to more than one relief in respect of the same cause of action may sue for all or any of those reliefs; but if he or she omits, except with the leave of the court, to sue for all the reliefs, he or she shall not afterwards sue for any relief so omitted

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Except as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite those causes of action in the same suit.
2. (2) Where causes of action are united, the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate subject matters at the date of instituting the suit.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) No cause of action shall, without the leave of the court, be joined with a suit for the recovery of immovable property, except-
2. (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part of it;
3. (b) claims for damages for breach of any contract under which the property or any part of it is held;
4. (c) claims for damages for any wrong or injury to the premises claimed; and
5. (d) claims in which the relief sought is based on the same cause of action.
6. (2) Nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property, and such suit for foreclosure or redemption and for such delivery of possession shall not be deemed a suit for the recovery of immovable property within the meaning of these Rules.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. No claim by or against an executor or administrator, as such, shall be joined with claims by or against him or her personally, unless the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as he or she was entitled to, or liable for, jointly with the deceased person whom he or she represents

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may order separate trials or may make such order as may be expedient

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Any defendant alleging that the plaintiff has united in the same suit several causes of action which cannot be conveniently disposed of together may at any time apply to the court for an order confining the suit to such of the causes of action as may be conveniently disposed of together.
2. (2) If, on the hearing of the application, it appears to the court that the causes of action are such as cannot all be conveniently disposed of together, the court may order any of such causes of action to be excluded, and consequential amendments to be made, and may make such order as to costs as may be just.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought by the suit, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not

1. Applications under rules 3 and 5 of this Order shall be by summons in chambers

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Any application to or appearance or act in any court required or authorised by the law to be made or done by a party in such court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his or her recognised agent, or by an advocate duly appointed to act on his or her behalf; except that any such appearance shall, if the court so directs, be made by the party in person

1. (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts.

1. (1) Processes served on the recognised agent of a party shall be as effectual as if they had been served on the party in person, unless the court otherwise directs.
2. (2) The provisions for the service of process on a party to a suit shall apply to the service of process on his or her recognised agent.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Any process served on the advocate of any party or left at the office or ordinary residence of the advocate, whether the process is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the advocate represents, and, unless the court otherwise directs, shall be as effectual for all purposes as if the process had been given to or served on the party in person

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Besides the recognised agents described in rule 2 of this Order any person residing within the jurisdiction of the court may be appointed an agent to accept service of process.
2. (2) The appointment of an agent under subrule (1) of this rule may be special or general, and shall be made by an instrument in writing signed by the principal, and the instrument, or, if the appointment is general, a certified copy of it, shall be filed in court.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Every suit shall be instituted by presenting a plaint to the court or such officer as it appoints for this purpose.
2. (2) Every plaint shall comply with the rules contained in Orders VI and VII of these Rules so far as they are applicable.

1. (1) The court shall cause the particulars of every suit to be entered in a book to be kept for the purpose, and called the register of civil suits.
2. (2) The entries in the register shall be numbered in every year according to the order in which the plaints are admitted.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) When a suit has been duly instituted a summons may be issued to the defendant-
2. (a) ordering him or her to file a defence within a time to be specified in the summons; or
3. (b) ordering him or her to appear and answer the claim on a day to be specified in the summons.
4. (2) Service of summons issued under subrule (1) of this rule shall be effected within twenty-one days from the date of issue; except that the time may be extended on application to the court, made within fifteen days after the expiration of the twenty-one days, showing sufficient reasons for the extension.
5. (3) Where summons have been issued under this rule, and-
6. (a) service has not been effected within twenty-one days from the date of issue; and
7. (b) there is no application for an extension of time under subrule (2) of this rule; or
8. (c) the application for extension of time has been dismissed, the suit shall be dismissed without notice.

5 further items remain in the statutory text above.

1. Every summons shall be accompanied by a copy of the plaint, a brief summary of the evidence to be adduced, a list of witnesses, a list of documents and a list of authorities to be relied on; except that an additional list of authorities may be provided later with the leave of court

1. (1) Where the court sees reason to require the personal appearance of the defendant, the summons shall order him or her to appear in person in court on the day specified in the summons.
2. (2) Where the court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for that appearance.

1. (b) without those limits but at a place less than fifty miles or, where there is a railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he or she resides and the place where the court is situate, less than two hundred miles distance from the courthouse.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. In the case of magistrates courts the court shall determine, at the time of issuing the summons, whether it shall be for orders only or for the final disposal of the suit; and the summons shall contain a direction accordingly

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. In the case of magistrates courts where the summons is for the final disposal of the suit, it shall direct the defendant to produce on the day fixed for his or her appearance all documents in his or her possession or power upon which he or she intends to rely in support of his or her case, and all witnesses whom he or she intends to call

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Where the court has issued a summons to a defendant-
2. (a) it may be delivered for service-
3. (i) to any person for the time being duly authorised by the court;
4. (ii) to an advocate or an advocate's clerk who may be approved by the court generally to effect service of process; or
5. (b) it may be sent by post or messenger to any magistrate's court having jurisdiction in the place where the defendant resides.
6. (2) A court to which a summons is sent under subrule (1)(b) of this rule shall upon receipt of the summons proceed as if it had been issued by that court, and shall then return the summons to the court of issue, together with the record of any of its proceedings with regard to it.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Service of the summons shall be made by delivering or tendering a duplicate of the summons signed by the judge, or such officer as the judge appoints for this purpose, and sealed with the seal of the court

1. Except as otherwise prescribed where there are more defendants than one, service of the summons shall be made on each defendant

1. Wherever it is practicable, service shall be made on the defendant in person, unless he or she has an agent empowered to accept service, in which case service on the agent shall be sufficient

1. (1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the court from which the summons is issued, service on any manager or agent who at the time of service personally carries on that business or work for that person within those limits shall be deemed good service.
2. (2) For the purpose of this rule, the master of a ship shall be deemed to be an agent of the owner or charterer.

1. Where, in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, it may be made on an agent of the defendant empowered to accept service or on the agent of the defendant in charge of the property

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where in any suit the defendant cannot be found, service may be made on an agent of the defendant empowered to accept service or on any adult member of the family of the defendant who is residing with him or her

1. Where a duplicate of the summons is duly delivered or tendered to the defendant personally or to an agent or other person on his or her behalf, the defendant or the agent or other person shall be required to endorse an acknowledgment of service on the original summons; except that if the court is satisfied that the defendant or his or her agent or other person on his or her behalf has refused so to endorse, the court may declare the summons to have been duly served

1. Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, or any person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the court from which it was issued with a report endorsed on it or annexed to it stating that he or she has so affixed the copy, the circumstances in which he or she did so, and the name and address of the person, if any, by whom the house was identified and in whose presence the copy was affixed

1. The serving officer shall, in all cases in which the summons has been served under rule 14 of this Order, make or annex or cause to be annexed to the original summons an affidavit of service stating the time when and the manner in which the summons was served, and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the summons

1. Where a summons is returned under rule 15 of this Order, the court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him or her to be so examined by another court, touching his or her proceedings, and may make such further inquiry in the matter as it thinks fit; and the court shall either declare that the summons has been duly served or order such service as it thinks fit

1. (1) Where the court is satisfied that for any reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by affixing a copy of it in some conspicuous place in the courthouse, and also upon some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.
2. (2) Substituted service under an order of the court shall be as effectual as if it had been made on the defendant personally.
3. (3) Where the court makes an order for substituted service, it shall fix such time for the appearance of the defendant as the case may require.

1. Where the defendant is confined in a prison the summons shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the defendant

1. (1) Where the defendant is a public officer in civil employ, or is the servant of a railway company or local authority, the court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he or she is employed, together with a copy to be retained by the defendant.
2. (2) Where the defendant is a soldier, the court shall send the summons for service to his or her commanding officer, together with a copy to be retained by the defendant. For the purposes of this rule, "soldier" shall not include an officer.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Where a summons is delivered or sent to any person for service under rule 19 or 20 of this Order, that person shall be bound to serve it, if possible, and to return it under his or her signature with a written acknowledgment of the defendant, and the signature shall be deemed to be evidence of service.
2. (2) Where from any cause service is impossible, the summons shall be returned to the court with a full statement of the cause and of the steps taken to procure service, and the statement shall be deemed to be evidence of nonservice.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) any act, deed, will, contract, obligation or liability affecting immovable property situate within the jurisdiction is sought to be construed, rectified, set aside or enforced in the suit;
2. (c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction;
3. (d) the suit is for the administration of the personal estate of any deceased person, who at the time of his or her death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of Uganda;
4. (e) the suit is founded on any breach or alleged breach within the jurisdiction of any contract wherever made which, according to the terms of the contract, ought to be performed within the jurisdiction;
5. (f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof;
6. (g) any person out of the jurisdiction is a necessary or proper party to a suit properly brought against some other person duly served within the jurisdiction; or
7. (h) the suit is founded on a tort committed within the jurisdiction.

1. In probate suits, service of a summons or notice of a summons may by leave of the court be allowed out of the jurisdiction

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Every application for leave to serve the summons or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether the defendant is a Commonwealth citizen or British protected person or not, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this Order

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Any order giving leave to effect the service or give the notice shall limit a time after the service or notice within which the defendant is to file a defence, such time to depend on the place or country where or within which the summons is to be served or the notice given

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where leave to serve a summons out of the jurisdiction has been granted under rule 22 of this Order and the defendant is a Commonwealth citizen or British protected person or resides in a Commonwealth country out of Uganda, the summons shall be served in such manner as the court may order

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where the defendant is neither a Commonwealth citizen nor a British protected person and is not in a Commonwealth country, notice of the summons and not the summons itself is to be served upon him or her

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) the party bespeaking a copy notice of summons for service under this rule shall, at the time of bespeaking the notice, file a præcipe in Form 11 of Appendix A to these Rules;
2. (c) an official certificate, or declaration upon oath, or otherwise, transmitted through the proper channels by the government or court of a foreign country to which this rule applies, to the High Court shall, provided that it certifies or declares the notice of the summons to have been personally served, or to have been duly served upon the defendant in accordance with the law of that foreign country, or words to that effect, be deemed to be sufficient proof of the service, and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of these Rules for that purpose;
3. (d) where an official certificate or declaration, transmitted to the High Court in the manner provided in paragraph (c) of this rule, certifies or declares that efforts to serve a notice of summons have been without effect, the court may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of the notice; and the order shall be in Form 12 of Appendix A to these Rules, with such variations as circumstances may require; and
4. (e) a request for substituted service of a notice of summons under this rule may be spoken by the plaintiff at the department where summonses are issued upon filing a præcipe in Form 11 of Appendix A to these Rules, and the notice of summons and copy of the notice, and the order, shall be sealed and transmitted to the Minister in the manner set out in paragraph (a) of this rule together with a request in Form 13 of Appendix A to these Rules, with such variations as circumstances may require.

1. The court may direct that any summons, order or notice shall be served on any party or person in a foreign country, and the procedure prescribed by rule 28 of this Order, with reference to service of notice of a summons, shall apply to service of any summons, order or notice so directed to be served

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) service shall be affected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation of it, in accordance with the rules and practice of the High Court of Uganda regulating service of persons;
2. (c) after the service has been affected the process server shall return to the registrar of the High Court one copy of the process together with the evidence of service by affidavit of the person effecting the service verified by a magistrate and particulars of charges for the cost of effecting the service;
3. (d) the particulars of charges for the cost of effecting service shall be submitted to the chief registrar of the High Court, who shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service;
4. (e) the registrar shall transmit the letter of request for service received from the foreign country to the authority who transmitted it to the High Court, together with the evidence of service with a certificate appended to it duly sealed with the seal of the High Court for use out of the jurisdiction. The certificate shall be in Form 14 of Appendix A to these Rules.

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Upon the application of the Attorney General the court may make all such orders for substituted service or otherwise as may be necessary to give effect to rule 30 of this Order

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Applications under this Order shall be by summons in chambers

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Every pleading shall contain a brief statement of the material facts on which the party pleading relies for a claim or defence, as the case may be.
2. (2) The pleadings shall, when necessary, be divided into paragraphs, numbered consecutively; and dates, sums and numbers shall be expressed in figures.

1. Every pleading shall be accompanied by a brief summary of evidence to be adduced, a list of witnesses, a list of documents and a list of authorities to be relied on; except that an additional list of authorities may be provided later with the leave of court

1. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence, and in all other cases in which particulars may be necessary, the particulars with dates shall be stated in the pleadings

1. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered upon such terms as to costs and otherwise as may be just

1. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his or her pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his or her pleading

1. The defendant or plaintiff, as the case may be, shall raise by his or her pleading all matters which show the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for instance, fraud, limitation act, release, payment, performance, or facts, showing illegality either by statute or common law

1. No pleading shall, not being a petition or application, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading that pleading

1. It shall not be sufficient for a defendant in his or her written statement to deny generally the grounds alleged by the statement of claim, or for the plaintiff in his or her written statement in reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he or she does not admit the truth, except damages

1. (1) Subject to rule 8 of this Order, the plaintiff by his or her reply may join issue upon the defence; and each party in his or her pleading, if any, subsequent to reply, may join issue upon the previous pleading.
2. (2) The joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit and shall then operate as a denial of the facts not so admitted.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he or she must not do so evasively, but answer the point of substance. Thus, if it is alleged that he or she received a certain sum of money, it shall not be sufficient to deny that he or she received that particular amount, but he or she must deny that he or she received that sum or any part of it, or else set out how much he or she received. If the allegation is made with diver's circumstances, it shall not be sufficient to deny it along with those circumstances

1. Where a contract is alleged in any pleading, a bare denial of the contract by the opposite party shall be construed only as a denial in fact of the express contract alleged, or of the matters of fact from which the contract may be implied, and not as a denial of the legality or sufficiency in law of the contract

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Wherever the contents of any document are material it shall be sufficient in any pleading to state the effect of the contents of the document as briefly as possible, without setting out the whole or any part of the contents, unless the precise words of the document or any part of it are material

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact, without setting out the circumstances from which the malice, fraudulent intention, knowledge or other condition of the mind of any person is to be inferred.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege the notice as a fact, unless the form or the precise terms of the notice, or the circumstances from which the notice is to be inferred, are material

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Whenever any contract or any relation between any parties is to be implied from a series of letters or conversations or otherwise from a number of circumstances it shall be sufficient to allege the contract or relation as a fact and to refer generally to the letters, conversations or circumstances without setting them out in detail. If in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from those circumstances, he or she may state them in the alternative

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Neither party need in any pleading allege any matter of fact which the law presumes in his or her favour, or as to which the burden of proof lies upon the other side, unless the matter of fact has first been specifically denied, for example, consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim

1. No technical objection shall be raised to any pleading on the ground of any alleged want of form

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. The court may, at any stage of the proceedings, order to be struck out or amended any matter in any endorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the action, and may in any such case, if it thinks fit, order the costs of the application to be paid as between advocate and client.

1. The court may, at any stage of the proceedings, allow either party to alter or amend his or her pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties

1. A plaintiff may, without leave, amend his or her plaint once at any time within twenty-one days from the date of issue of the summons to the defendant or, where a written statement of defence is filed, then within fourteen days from the filing of the written statement of defence or the last of such written statements

1. A defendant who has set up any counterclaim or setoff may without leave amend the counterclaim or setoff at any time within twenty-eight days of the filing of the counterclaim or setoff, or where the plaintiff files a written statement in reply to the counterclaim or setoff, then within fourteen days from the filing of the written statement in reply

No judgment in the current Wakilii corpus expressly cites this Order and rule. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where a party has amended his or her pleading under rule 20 or 21 of this Order, the opposite party may within fifteen days from the date of service upon or delivery to him or her of the duplicate of the amended document apply to the court to disallow the amendment or any part of it; and the court may, if satisfied that the justice of the case requires it, disallow the amendment or any part of it or allow it subject to such terms as to costs or otherwise as may be just

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Whenever any pleading is amended, the amended document shall be filed within the time allowed for amending the pleading; and where the filing occurs before the date specified in the summons for the appearance of or the entering of appearance by the defendant, then a duplicate of the amended document shall be served upon the opposite party in the manner provided for the service of a summons, but where the amended document is filed after that date, a duplicate of the amended document shall be delivered to the opposite party by the party filing

1. Where any party has amended his or her pleading under rule 20 or 21 of this Order, the opposite party shall plead to the amended pleading or amend his or her pleading within the time he or she then has to plead, or within fifteen days of the service or delivery of the amendment, whichever shall last expire; and in case the opposite party has pleaded before the service or delivery of the amendment, and does not plead again or amend within the time above mentioned, he or she shall be deemed to rely on his or her original pleading in answer to that amendment

1. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is limited by the order then within fourteen days from the date of the order, he or she shall not be permitted to amend after the expiration of such limited time as aforesaid or the fourteen days, as the case may be, unless the time is extended by the court