Civil Procedure and Limitation (Miscellaneous Provisions) Act

Chapter 283

This is the latest version of this Act.
Citation
Chapter 283
Date
Language
English
Type
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Uganda

Civil Procedure and Limitation (Miscellaneous Provisions) Act

Chapter 283

  • Commenced on 28 April 1969
  • [This is the version of this document at 31 December 2023.]
  • [Note: The version of the Act as at 31 December 2023 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
  1. [Amended by Civil Procedure and Limitation (Miscellaneous Provisions) Act (Amendment of Schedule 3) Order, 2002 (Statutory Instrument 49 of 2002) on 19 July 2002]
  2. [Amended by Civil Procedure and Limitation (Miscellaneous Provisions) Act (Amendment of Third Schedule) Order, 2010 (Statutory Instrument 35 of 2010) on 17 September 2010]
  3. [Amended by Civil Procedure and Limitation (Miscellaneous Provisions) Act (Amendment of Third Schedule) Order, 2011 (Statutory Instrument 34 of 2011) on 8 July 2011]
  4. [Amended by Civil Procedure and Limitation (Miscellaneous Provisions) Act (Amendment of Third Schedule) Order, 2012 (Statutory Instrument 42 of 2012) on 22 June 2012]
An Act to provide for the giving of notice before certain suits are instituted; for the limitation of certain actions; for the protection against actions of persons acting in the execution of public duties and for related matters.[Act 20/1969; S.L 68/1969; S.I. 28/1978; S.L 59/1983; S.L 31/1992; S.I. 12/1993; S.L 2/1994; S.L 77/1998; Act 11/2000; Cap. 72 (Revised Edition, 2000) S.L 49/2002; S.L 35/2010; S.L 34/2011; S.L 42/2012]

1. Interpretation

(1)In this Act, unless the context otherwise requires—“local authority” means a local council within the meaning of the Local Governments Act;“scheduled corporation” means a corporation mentioned in Schedule 1 to this Act.
(2)For the purposes of this Act, a person shall be deemed to be under a disability while he or she is an infant or suffers from mental illness.
(3)For the purposes of subsection (2), but without prejudice to the generality of that subsection, a person shall be conclusively presumed to be suffering from mental illness while he or she is detained in pursuance of any enactment authorising the detention of persons suffering from mental illness or criminal lunatics.

2. Notice prior to suing

(1)Notwithstanding the provisions of any other written law, no suit shall lie or be instituted against—
(a)the Government;
(b)a local authority; or
(c)a scheduled corporation,
until the expiration of forty-five days after written notice has been delivered to or left at the office of the person specified in Schedule 2 to this Act, stating the name, description and place of residence of the intending plaintiff, the name of the court in which it is intended the suit be instituted, the facts constituting the cause of action and when it arose, the relief that will be claimed and, so far as the circumstances admit, the value of the subject matter of the intended suit.
(2)The written notice required by this section shall be in the form set out in Schedule 3 to this Act, and every plaint subsequently filed shall contain a statement that such notice has been delivered or left in accordance with the provisions of this section.

3. Limitation of certain actions

(1)No action founded on tort shall be brought against—
(a)the Government;
(b)a local authority; or
(c)a scheduled corporation,
after the expiration of two years from the date on which the cause of action arose.
(2)No action founded on contract shall be brought against the Government or against a local authority after the expiration of three years from the date on which the cause of action arose.

4. Actions against public officers

Where any action, prosecution or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or other written law, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act or other written law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is instituted within six months after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within three months after the ceasing of the injury or damage.

5. Extension of limitation period in case of disability

Where on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of twelve months from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired; except that—
(a)this section shall not affect any case where the right of action first accrued to some person, not under a disability, through whom the person under a disability claims;
(b)when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person;
(c)no action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he or she claims;
(d)this section shall not apply to any suit to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.

6. Postponement of limitation period in case of fraud or mistake

(1)Where, in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant or his or her agent or of any person through whom he or she claims or his or her agent;
(b)the right of action is concealed by the fraud of any such person as is mentioned in paragraph (a); or
(c)the action is for relief from the consequence of a mistake,
the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, or could with reasonable diligence have discovered it.
(2)Notwithstanding subsection (1), nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which—
(a)in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or
(b)in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made, by a person who did not know or have reason to believe that the mistake had been made.

7. Power to amend Schedules

The Minister may, by statutory order, amend the Schedules to this Act.

8. Effect of amending Schedule 1

Where the Minister makes a statutory order in the exercise of his or her powers under section 7 in respect of Schedule 1 to this Act, the following provisions shall have effect—
(a)if an item is added to the Schedule, and immediately before the commencement of the order the time for bringing any proceedings had not already expired under any law relating to limitation of actions then in force, and the bringing of the proceedings is barred by this Act, the proceedings may be instituted before the expiration of twelve months from the commencement of the order; but nothing in this section shall enable any proceedings to be instituted where the time for bringing the proceedings would have expired apart from this Act;
(b)if any item is deleted from the Schedule, the deletion shall not enable any action to be brought which was barred by this Act before the making of the statutory order.

Schedule 1 (Sections 1,7, 8)

Scheduled Corporations

Name of corporationAct under which established
1. Allied Health Professional CouncilCap. 296
2. Architects Registration BoardCap. 297
3. Bank of UgandaCap. 54
4. Capital Markets AuthorityCap. 64
5. Uganda Civil Aviation AuthorityCap. 348
6. Cotton Development OrganisationCap. 36
7. Dairy Development AuthorityCap. 67
8. District Land BoardCap. 236
9. Electoral CommissionCap. 176
10. Electricity Regulatory Authority (ERA)Cap. 157
11. Hotel and Tourism Training InstituteCap. 249
12. Institute of Certified Public Accountants of UgandaCap. 294
13. Islamic University of UgandaCap. 250
14. Kampala Capital City AuthorityCap. 195
15. Kyambogo UniversityCap. 262
16. Law Development CentreCap. 251
17. Makerere UniversityCap. 262
18. Management Training and Advisory CentreCap. 253
19. Mbarara University of Science and TechnologyCap. 262
20. Medical and Dental Practitioners CouncilCap. 300
21. National Agricultural Research OrganisationCap. 197
22. National Conference (The)Cap. 275
23. National Children AuthorityCap. 62
24. National Council of SportsCap. 151
25. National Drug AuthorityCap. 198
26. National Enterprises CorporationCap. 199
27. National Environmental Management AuthorityCap. 181
28. National Forestry Authority (NFA)Cap. 160
29. National Medical StoresCap. 201
30. National Social Security FundCap. 230
31. National Women’s CouncilCap. 113
32. National Youth CouncilCap. 114
33. Nonperforming Assets Recovery TrustCap. 76
34. Nurses and Midwives CouncilCap. 301
35. Parliamentary CommissionCap. 272
36. National Library BoardCap. 255
37. Trustees of Nakivubo War Memorial Stadium TrustCap. 150
38. Trustees of the National Cultural CentreCap. 153
39. Uganda AIDS CommissionCap. 206
40. Uganda Bureau of StatisticsCap. 332
41. Uganda Coffee Development AuthorityCap. 38
42. Uganda Communications CommissionCap. 103
43. Uganda Development Corporation LimitedCap. 208
44. Uganda Export Promotion BoardConstitution
45. Insurance Regulatory AuthorityCap. 191
46. Uganda Investment Authority (Investment Code)Cap. 74
47. Uganda Land CommissionConstitution
48. Uganda Management InstituteCap. 262
49. Uganda National Council for Science and TechnologyCap. 207
50. Uganda National Roads AuthorityCap. 214
51. Uganda Registration Services BureauCap. 217
52. Uganda Revenue AuthorityCap. 218
53. Uganda Tourist BoardCap. 82
54. Uganda Trypanosomiasis Control CouncilCap. 220
55. Uganda Veterans Assistance BoardCap. 221
56. Uganda Wildlife AuthorityCap. 315
57. Uganda Wildlife Training InstituteCap. 261

Schedule 2 (Sections 2(1), 7)

Person at or to whose office notice to be delivered or sent

Intended defendantPerson at or to whose office notice to be delivered or sent
The GovernmentAttorney General
A local administrationChief administrative officer
A municipal councilTown clerk of the council
A scheduled corporationSecretary of the corporation

Schedule 3 (Sections 2(2), 7)

Notice to intended defendant

[Under section 2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, Cap. 283]In the matter of an intended suit,Between (name), Plaintiffand(name), DefendantTake notice that ______________________ (name and description of intending plaintiff) of __________________ (address) intends to institute a suit against _________________(name and description of intended defendant) in the court at ______________________ (specify court) by which he/she will seek (state nature of relief that will be sought).The facts constituting the cause of action, which arose on ________ (date) are as follows — (state them briefly, in numbered paragraphs).The value of the subject matter of the intended suit is ________ (state appropriate value insofar as the case admits). Dated this day of, 20.(Signature of intending Plaintiff or his or her Advocate)
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Cited documents 8

Act 5
1. Land Act 16 citations
2. Kampala Capital City Act, 2011 8 citations
3. Uganda National Roads Authority Act, 2006 7 citations
4. Electricity Act, 1999 4 citations
5. National Forestry and Tree Planting Act, 2003 3 citations
Statute 3
1. National Environment Act 3 citations
2. Uganda Wildlife Act, 1996 3 citations
3. National Drug Policy and Authority Act 1 citation

Documents citing this one 11

Judgment 9
1. Mansukhlal Ramji Karia and Anor v Attoreny General and Ors (Civil Appeal 20 of 2002) [2004] UGSC 32 (15 December 2004) 2 citations
2. Allen Nsibirwa V National Water & Sewerage Cooperation (Civil Suit No. 220 of 1995) [1995] UGHC 6 (19 November 1995)
3. Allen Nsibirwa v National Sewage Corp. (Civil Suit No.220 Of 1995) (Civil Suit No.220 of 1995) [2005] UGHC 73 (19 October 2005)
4. Haji Ssalongo v Kasese Town Council and Another (Civil Suit 13 of 91) [1994] UGHC 43 (28 July 1994)
5. Karia and Another v Attorney General and Others (Civil Appeal 20 of 2002) [2004] UGSC 47 (16 December 2004)
6. Management Committee Bright High Academy & Ors v New Vision Printing Publishing Corp. & Ors (HCT-CV-CS-0034 of 2000) [2003] UGHC 13 (25 August 2003)
7. Mangeni v Departed Asians Property Custodian Board (Civil Appeal 13 of 1995) [1998] UGSC 31 (22 January 1998)
8. Mangeni v Departed Asians Property Custodian Board [1998] UGSC 26 (22 January 1998)
9. Nathan Karema V The Attorney General (HCT-00-CV-CS- 1019-2004 ) (HCT-00-CV-CS- 1019-2004) [2009] UGHC 82 (26 February 2009)
Act 1
1. Human Rights (Enforcement) Act, 2019 2 citations
Gazette 1
1. Uganda Government Gazette dated 2002-07-19 number 43