Local Council Courts Act, 2006
Act 13 of 2006
- Published in Uganda Gazette 36 on 8 June 2006
- Assented to on 24 May 2006
- Commenced on 8 June 2006
- [This is the version of this document from 8 June 2006.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Local Council Courts Act, 2006.
2. InterpretationIn this Act unless the context otherwise requires—“advocate” has the meaning given to it by the Advocates Act;“appellate court” means a court to which an appeal is made under this Act;“Chairperson” means a Chairperson of a local council court and a Vice Chairperson shall be construed accordingly;“Chief Magistrate” has the meaning given to it by the Magistrates’ Courts Act;“council” includes all councils referred to in sections 3 and 45 of the Local Governments Act;“currency point” has the meaning given to it in the First Schedule to this Act;“customary law” means the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation;“local council court” means the local council court established under section 3;“Minister" means the Minister responsible for local government;“sign and “counter-sign” include affixing a thumb print or mark; and“village”, “parish”, “town”, “division” and “sub-county” have the meanings given to them in the Local Governments Act.
Part II – Establishment and composition of local council courts
3. Establishment of local council courtsThere is established a local council court at every village, parish, town, division and sub-county level.
4. Composition of local council courts
5. Qualifications of members of a local council courtFor any person to be appointed a member of a town, division, or sub-county local council court, that person shall—
6. Chairperson and Secretary to the town, division and sub-county local council court
7. Vacation of office by a member of the town, division or sub-county local council court
Part III – Operation of local council courts
8. Sitting area of court etc
9. Territorial jurisdiction of local council courtsSubject to the provisions of this Act and any other written law, the jurisdiction of a local council court shall extend only to causes and matters arising within the territorial area of the council for which the court is established and to causes and matters arising elsewhere if the defendant or accused is ordinarily resident within that area.
10. Legal jurisdiction
11. Where to institute suits
12. Objection to jurisdiction by defendantWhere a defendant objects to the jurisdiction of the local council court, the case shall, if the objection is upheld, be referred to a court having jurisdiction to hear and determine the case; and if the objection is rejected the local council court shall record the objection and its reasons for rejecting it, and proceed with the trial of the case.
13. Powers of courtWithout prejudice to any other powers, a local council court may make an order for any one or more of the following reliefs -
Part IV – Institution of civil proceedings
14. Institution of civil proceedings
15. Notice of claim to be served on parties
16. Representation by nominee
17. Appearance by a CorporationAppearance before a local council court by a Corporation shall be by an authorized officer of the Corporation or any other person appointed in writing by the Corporation for the purpose.
Part V – Institution of proceedings in respect of breach of Bye-law
18. Institution of proceedings for breach of bye-laws
19. Charge sheet
Part VI – Summons of witnesses
20. Witness summons
Part VII – Records of proceedings
21. Language of court
22. Records of proceedings
Part VIII – Rules of procedure and principles of natural justice
23. Technical rules of evidence or procedureSubject to the provisions of this Act a local council court shall hear every case before it, expeditiously and without undue regard to technical rules of evidence or procedure.
24. Principles of natural justiceIn exercising its jurisdiction, the local council court shall be guided by the principle of impartiality without fear or favour and shall adhere to the rules of natural justice, and in particular shall ensure—
Part IX – Remedies
25. CompensationSubject to the provisions of this Act, where the local council court decides to award compensation it shall order the defendant to give such property or cash as the court may consider to be the equivalent of the complainant’s property or right which was damaged, lost or injured.
26. RestitutionWhere the local council court makes an order for restitution, the defendant shall return the property in question to the person entitled to it.
27. Attachment and sale, warrant, etc.
28. Restrictions on attachments and sales
29. Application of proceeds of saleWhere a sale has been effected under section 27 the proceeds of sale shall be applied to satisfy the costs of the sale, if any, and the judgment debt; and the balance, if any, shall be given to the former owner of the property sold.
30. Where debtor has no propertyWhere the judgment debtor has no property for attachment and sale for satisfaction of the judgment debt and the local council court is of the opinion that the judgment debtor is otherwise able to pay but has deliberately refused or neglected to pay the judgment debt, the court shall refer the judgment debtor to the Chief Magistrate of the area with recommendations that the judgment debtor be committed to civil custody.
31. Stay of execution
Part X – Appeals
32. Right of appeal
33. Lodging of appeal
34. Witnesses in appellate courtOn the application of either party to an appeal, or on its own motion, an appellate court may, if in its opinion it would be in the interests of justice to do so, call witnesses and receive additional evidence as it may in its discretion determine, or may hear the case afresh.
35. Powers of appellate court
Part XI – Miscellaneous
36. Court to be open
37. Parties to be informed of their right of appealAfter delivering its decision, the court shall inform the parties of their right to appeal.
38. Prohibition of case already determined in former case (Res judicata)No local council court shall try any suit or issue in which the matter directly and in a substantial manner, has been heard and finally determined in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, by a court competent to try that suit or issue.
39. Local council court not to deal with cases where suit or matter is already pending before another courtNo local council court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit or proceeding where the other court before which the suit or proceeding is pending has original or appellate jurisdiction in Uganda to grant the relief claimed.
40. Chief Magistrate’s supervisory powers; [Cap 13]The general powers of supervision over Magistrates’ Courts conferred upon the High Court by the Judicature Act may be exercised by the Chief Magistrate over local council courts on behalf of the High Court.
41. Fees and remuneration of members of court
42. Utilisation of fees and fines
43. Protection of members and officers of court
44. Suit where case is pending before local council court or other court under this ActNo court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially an issue in a previously instituted suit or proceeding between the same parties, or between parties under whom they or any of them claim, litigating under the same title, where the suit or proceeding is pending in any local council court or other court under this Act having original or appellate jurisdiction to grant the relief claimed.
46. Amendment of SchedulesThe Minister may, by statutory order, amend any Schedule to this Act; except that an amendment to the First Schedule shall be after consultation with the Minister responsible for finance and with the approval of the Cabinet.
47. Consequential amendment of Magistrates’ Courts Act [Cap. 16]Notwithstanding the provisions of section 207 of the Magistrates’ Courts Act, the jurisdiction of a Chief Magistrate for the trial and determination of the causes and matters specified in the Third Schedule to this Act shall be unlimited.
48. AdaptationsIn any enactment in force at the commencement of this Act, any references to Executive Committee Courts shall be construed as references to local council courts.
49. Consequential amendment of Children Act [Cap. 59]The Children Act is amended by substituting for section 92 the following section—“92 Role of local council courts
50. Repeal and saving
History of this document
08 June 2006 this version
24 May 2006
Documents citing this one 10
- Uganda Government Gazette dated 2007-10-19 number 57
- Uganda Government Gazette dated 2008-02-01 number 7
- Uganda Government Gazette dated 2008-09-19 number 47
- Uganda Government Gazette dated 2010-04-09 number 21
- Angulu George v Rep of Uganda (Civil Application No. 8 of 2007)  UGHC 94 (29 August 2008)
- Baryaija v Kikwisire & Anor (Civil Appeal No. 324 of 2017)  UGCA 43 (24 October 2017)
- Busingye Jamiya v Mwebaze Abdu & Anor (HCT-05-CV-CR 33 of 2011)  UGHC 68 (18 April 2012)
- Nalongo Burashe v Kekitiibwa (Civil Appeal No. 89 of 2011)  UGCA 270 (10 November 2014)
- Okia v Okalebo (Civil Appeal No. 16 of 2012)  UGHCCD 122 (22 October 2014)
- Ssemwogerere v Banja & Anor (Revision Cause No. 13 of 2011)  UGHCCD 81 (7 June 2013)