Judicature (Small Claims Procedure) Rules

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

These Rules shall come into force on the 30th day of May,

In these Rules, unless the context otherwise requires

In every case the Court shall keep a record of its proceedings in writing, and every record shall include the following particulars (a) the serial number of the case;

The Chief Justice may assign a judicial officer to (a) preside over a case in the Small Claims Procedure; and

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

A defendant shall, upon receipt of the summons (a) satisfy the debt or claim owed to the claimant; or

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

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 (a) file a reply to the counterclaim specified in Schedule 6; or

Where a defendant satisfies a claim under rule 13(a), the claimant shall (a) 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

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

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

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

The parties to a small claim shall on the day and time of hearing (a) appear in person with all the relevant documents and exhibits to the claim, written statement of defence or counterclaim;

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

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 (a) each party is given an opportunity to be heard;

Part X - Judgment and decree [Note: numbering as in original]

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

A party to a claim under these Rules shall bear his or her own expenses

The court may upon application by an aggrieved party (a) 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;

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

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

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

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 Schedule 1 (Rule 10)

Notice of demand To: __________________________________ (name, description and place of residence)

I, ___________________________________ (name, description and place of residence of claimant)

hereby claim a sum of _______________ (amount claimed) from you, arising from _______________ (particulars of debt e.g. rent, contract, etc).

You are required within fourteen days from the service of this notice of demand to pay or settle the debt mentioned above. If you pay or settle the debt, I will give you a receipt acknowledging settlement of the debt owing.

If you fail to comply with this notice of demand within the fourteen days, I will file a claim against you under the Small Claims Procedure to obtain a decree for the amount claimed together with expenses permitted by the Court.

Dated this _______________ day of ______________________________ 20 ____

______________________________

Claimant

Schedule 2 (Rule 11)

Claim form

For Court use only

Claim No.

Issue date

Claimant(s)

Defendant(s)

Brief details of Claim

(Write in the space below)

Value (write in the space below)

Amount claimed Shillings

Court fee

Total Amount

Statement of truth

a) * I acknowledge that the facts stated in these particulars of claim are true to the best of my knowledge.

Full name of Claimant ______________________________________________________________________

Signed _____________________________________________________________________________________

____________________________________

* (Thumbprint of the Claimant)

____________________________________

* delete as appropriate

Note: Use additional paper if necessary.

Schedule 3 (Rules 11(2), 12(2))

The Republic of Uganda

In the Magistrates Court/ High Court of Uganda (Commercial Division) Claim No. _____________

__________________________________ Claimant

Versus

__________________________________ Defendant

Affidavit of Service of Summons I, __________________________________ of c/o M/s __________________________________ P.O. Box __________________________________ do make solemn oath and state as follows-

the Court of ____________ in Suit No. ____________ of ____________ dated the ____________ day of ____________ 20___, for service on ________________________

on the ____________ day of ________________________, 20___, at about ____ O'clock in the _______ morning/afternoon at __________________________ by tendering a copy of it to him/her and requiring his/her signature to the original notice/summons (a) ______________________________________ (Here state whether the person served signed or refused to sign the process and in whose presence)

Sworn/Affirmed by __________________________________

Before me this _____________ day of _____________ 20____

_____________

Deponent

_____________

Before me

__________________________

Commissioner for oaths

Drawn and Filed by

P.O. Box __________________________

Schedule 4 (Rule 12(1))

Summons To: ________________________ (name, description and place of residence).

Whereas ____________________________ has instituted a suit against you for _________________________________________________, you are summoned to settle the claim within fourteen days of receipt of this Summons or to appear in this Court in person on the _________day of ___________, 20_____ at _______ O'clock in the morning/afternoon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence.

Take Notice that, in default of your appearance on the day mentioned above, the suit will be heard and determined in your absence.

Given under my hand and the seal of the Court this _______ day of ________ 20_____.

__________________________

Judicial Officer/Registrar

Schedule 5 (Rule 13(b) and (c))

Written statement of defence and counterclaim

In the Claim No.

Claimant

Defendant

(tick appropriate box)

# I dispute the full amount claimed as shown on the claim form

Or # I admit the amount of SHS. __________

Or # I paid the amount admitted on (date) __________

you have already paid it? (Tick whichever applies) # No (Then go to section 3 )

# Yes. I paid SHS. __________ to the Claimant on date __________ (before the claim form was issued)

Give details of where and how you paid it in the box below (then go to section 5 )

Claim No. __________

claim against the Claimant (a counterclaim) If your claim is for a specific sum of money, how much are you claiming?

SHS. __________

My claim for (please specify nature of claim)

What are your reasons for making the counterclaim? If you wish to continue on a separate sheet put the claim number in the top right corner.

Statement of truth

a) *I acknowledge that the facts stated in this form are true to the best of my knowledge.

Full name of defendant______________________________________

Signed_________________________________________

_________________________________

* (Thumbprint of the Defendant)

* delete as appropriate

Date

Note: Use additional paper if necessary.

Schedule 6 (Rule 15)

Reply to counterclaim

In the Claim No.

Claimant

Defendant

you dispute?(tick whichever applies) # I dispute the full amount claimed as shown on the written statement of defence and counterclaim form.

Or

# I admit the amount of SHS. _________

Or

# I paid the amount admitted on (date) _________

you have already paid it? (Tick whichever applies) # No (Then go to section 3 )

Or

# Yes. I paid to the SHS. _________ to the Defendant on (date) _________________

Note: Use additional paper if necessary.

Statement of truth

a) *I acknowledge that the facts stated in this Reply to Counterclaim are true to the best of my knowledge.

Full name of Counter-Claimant____________________________________

Signed________________________________________

________________

Thumbprint

*delete as appropriate

Schedule 7 (Rule 27)

Judgment This suit coming before me ___________________________________ on this _________ day of __________________ 20 _____ for final disposal and upon hearing both parties in this suit, my decision is as follows-

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

The above decision is based on-

And it is hereby ordered that-

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Specified mode of payment ____________________________________________

Undertaken schedule of payment-

Particulars of Judgment Debtor in relation to payment ___________________

Particulars of Judgment Creditor for remission of payment ___________________

Given under my hand and the seal of the Court this ___________________ day of ________ 20 ____

___________________

Judicial Officer/Registrar.

Schedule 8 (Rule 31)

Court order Claim for ________________________________

This suit coming on this day for final disposal before _________________________________ in the presence of the claimant and the defendant, it is ordered and decreed that ___________________________________________________________________________

And that the sum of _______________ shillings be paid by the _______________ (Defendant) to the _______________ (Claimant) as the amount claimed or ordered and expenses allowed by the Court with interest on that sum at the rate of ________ percent per year from this date to the date of realisation.

Given under my hand and the seal of the Court this ___________ day of ________________ 20______

Particulars

Specified mode of payment ____________________________________

Undertaken schedule of payment-

Particulars of Judgment Debtor in relation to payment ____________________________________

Particulars of Judgment Creditor for remission of payment ____________________________________

Signed ____________________________________

Judgment Debtor

Signed ____________________________________

Judgment Creditor

____________________________________