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Uganda
Local Council Courts Act
Chapter 18
- 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 at 31 December 2023.]
- [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Interpretation
1. Interpretation
In 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 “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 47 of the Local Governments Act;“currency point” has the value assigned to it in Schedule 1 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 courts established by section 2;“Minister” means the Minister responsible for local government;“sign” and “counter sign” include affixing a thumb print or mark;“village”, “parish”, “town”, “division” and “subcounty” have the meanings assigned to them in the Local Governments Act.Part II – Establishment and composition of local council courts
2. Establishment of local council courts
There is established a local council court at every village, parish, town, division and subcounty level.3. Composition of local council courts
4. Qualifications of members of local council court
For any person to be appointed a member of a town, division, or subcounty local council court, that person shall—5. Chairperson and secretary to town, division and subcounty local council court
6. Vacation of office by member of town, division or subcounty local council court
Part III – Operation of local council courts
7. Sitting area of court, etc.
8. Territorial jurisdiction of local council courts
Subject 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.9. Legal jurisdiction
10. Where to institute suits
11. Objection to jurisdiction by defendant
Where 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.12. Powers of court
Part IV – Institution of civil proceedings
13. Institution of civil proceedings
14. Notice of claim to be served on parties
15. Representation by nominee
16. Appearance by corporation
Appearance before a local council court by a corporation shall be by an authorised 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 byelaws
17. Institution of proceedings for breach of byelaws
18. Charge sheet
Part VI – Summons of witnesses
19. Witness summons
Part VII – Records of proceedings
20. Language of court
21. Records of proceedings
Part VIII – Rules of procedure and principles of natural justice
22. Technical rules of evidence or procedure
Subject 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.23. Principles of natural justice
In 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 that—Part IX – Remedies
24. Compensation
Subject 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.25. Restitution
Where the local council court makes an order for restitution, the defendant shall return the property in question to the person entitled to it.26. Attachment and sale, warrant, etc.
27. Restrictions on attachments and sales
28. Application of proceeds of sale
Where a sale has been effected under section 26, the proceeds of the 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.29. Where debtor has no property
Where 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.30. Stay of execution
Part X – Appeals
31. Right of appeal
32. Lodging of appeal
33. Witnesses in appellate court
On 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.34. Powers of appellate court
Part XI – Miscellaneous
35. Court to be open
36. Parties to be informed of right of appeal
After delivering its decision, the court shall inform the parties of their right to appeal.37. 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.38. Local council court not to deal with cases where suit or matter is already pending before another court
No 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.39. Chief magistrate’s supervisory powers
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.40. Fees and remuneration of members of court
41. Utilisation of fees and fines
42. Protection of members and officers of court
43. Suit where case is pending before local council court or other court under this Act
No 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.44. Regulations
45. Power to amend Schedules
46. Jurisdiction of chief magistrates for matters under Schedule 3
Notwithstanding the provisions of section 206 of the Magistrates Courts Act, the jurisdiction of a chief magistrate for the trial and determination of the causes and matters specified in Schedule 3 to this Act shall be unlimited.History of this document
31 December 2023 this version
Chapter 18
Revised Laws 2023
Consolidation
08 June 2006
24 May 2006
Assented to