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Constitution (Adjournments for Courts of Judicature) (Practice) Directions

Legal Notice 5 of 2019 Current version · as at 31 May 2019
Enacted2019
Commenced31 May 2019
Last amended—
Point-in-time consolidation · as at 31 May 2019. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

2 parts · 8 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Constitution (Adjournments for Courts of Judicature) (Practice) Directions

Commenced on 31 May 2019

[This is the version of this document at 31 May 2019.]

Part I

1. Title

These Practice Directions may be cited as the Constitution (Adjournments for Courts of Judicature) (Practice) Directions, 2019.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Practice Directions may be cited as the Constitution (Adjournments for Courts of Judicature) (Practice) Directions, 2019.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. These Practice Directions may be cited as the Constitution (Adjournments for Courts of Judicature) (Practice) Directions, 2019.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Application

These Practice Directions apply to all courts of judicature.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application” applies.

“These Practice Directions apply to all courts of judicature.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Objectives of these Practice Directions

The objectives of these Practice Directions are-

(a)

to promote practice that conforms to the requirements under articles 28(1) and 126(2)(b) of the Constitution aimed at speedy and fair hearings;

(b)

to promote consistency and uniformity in the management of adjournments;

(c)

to ensure readiness for trial with a view to hearing cases on a day-to-day basis; and

(d)

to provide guidance to the court and litigants on adjournments.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Objectives of these Practice Directions”.

“The objectives of these Practice Directions are-”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Objectives of these Practice Directions”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (a) to promote practice that conforms to the requirements under articles 28(1) and 126(2)(b) of the Constitution aimed at speedy and fair hearings;
  2. (b) to promote consistency and uniformity in the management of adjournments;
  3. (c) to ensure readiness for trial with a view to hearing cases on a day-to-day basis; and
  4. (d) to provide guidance to the court and litigants on adjournments.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Interpretation

In these Practice Directions, unless the context otherwise requires-

''adjourn'' means to postpone court proceedings or hearings for a given period, or to a future date;

"any other cause" means a cause that is akin to or related to the factors stated in these Practice Directions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these Practice Directions, unless the context otherwise requires-”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. "any other cause" means a cause that is akin to or related to the factors stated in these Practice Directions.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

5. Applying for adjournments

An adjournment shall be sought orally by any of the parties to the suit or at the instance of court, with stated reasons.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Applying for adjournments”.

“An adjournment shall be sought orally by any of the parties to the suit or at the instance of court, with stated reasons.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An adjournment shall be sought orally by any of the parties to the suit or at the instance of court, with stated reasons.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Adjournment at instance of court
(1)

Except in exceptional circumstances, court shall not allow an adjournment of scheduled proceedings.

(2)

The exceptional circumstances in paragraph (1) include- (a) unforeseeable circumstances or matters related to the trial which arise during the course of the proceedings; (b) where a witness in a matter is unable to attend court proceedings and the trial cannot proceed without hearing that witness; (c) where a litigant needs to seek legal representation or needs an interpreter; (d) where evidence is presented to the court showing that the litigant or counsel is ill; or (e) any other cause as the court may deem fit.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Adjournment at instance of court”.

“(1) Except in exceptional circumstances, court shall not allow an adjournment of scheduled proceedings.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Except in exceptional circumstances, court shall not allow an adjournment of scheduled proceedings.
  2. (2) The exceptional circumstances in paragraph (1) include- (a) unforeseeable circumstances or matters related to the trial which arise during the course of the proceedings; (b) where a witness in a matter is unable to attend court proceedings and the trial cannot proceed without hearing that witness; (c) where a litigant needs to seek legal representation or needs an interpreter; (d) where evidence is presented to the court showing that the litigant or counsel is ill; or (e) any other cause as the court may deem fit.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Fixing of date

Upon adjournment of a case, the court shall fix the next hearing to the earliest possible date.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Fixing of date”.

“Upon adjournment of a case, the court shall fix the next hearing to the earliest possible date.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Upon adjournment of a case, the court shall fix the next hearing to the earliest possible date.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Holding brief

An advocate holding brief for another advocate shall ordinarily be expected to have instructions to proceed in the matter.

BART.M.KATUREEBE, Chief Justice and Chairperson, Rules Committee.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Holding brief”.

“An advocate holding brief for another advocate shall ordinarily be expected to have instructions to proceed in the matter.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An advocate holding brief for another advocate shall ordinarily be expected to have instructions to proceed in the matter.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 May 2019) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.