Uganda
Civil Procedure Act
Chapter 71
- Commenced on 1 January 1929
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Preliminary
1. Application
This Act shall extend to proceedings in the High Court and magistrates courts.2. Interpretation
In this Act, unless there is anything repugnant in the subject or context—3. Savings
In the absence of any specific provision to the contrary, nothing in this Act shall be deemed to limit or otherwise affect any special jurisdiction or power conferred, or any special form of procedure prescribed by or under any other law for the time being in force.4. Pecuniary jurisdiction
Except insofar as is otherwise expressly provided, nothing in this Act shall operate to give any court jurisdiction over suits the amount or value of the subject matter of which exceeds the pecuniary limits, if any, of its ordinary jurisdiction.Part II – Suits in general
Jurisdiction of the courts and res judicata
5. Courts to try all civil suits unless barred
Any court shall, subject to the provisions herein contained, have jurisdiction to try all suits of a civil nature excepting suits of which its cognisance is either expressly or impliedly barred.6. Stay of suit
No 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 between the same parties, or between parties under whom they or any of them claim, litigating under the same title, where that suit or proceeding is pending in the same or any other court having jurisdiction in Uganda to grant the relief claimed.Explanation.—The pendency of a suit in a foreign court shall not preclude a court from trying a suit in which the same matters or any of them are in issue in that suit in the foreign court.7. Res judicata
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try the subsequent suit or the suit in which the issue has been subsequently raised, and has been heard and finally decided by that court.Explanation 1.—The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior to it.Explanation 2.—For the purposes of this section, the competence of a court shall be determined irrespective of any provision as to right of appeal from the decision of that court.Explanation 3.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.Explanation 4.—Any matter which might and ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter directly and substantially in issue in that suit.Explanation 5.—Any relief claimed in a suit, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.Explanation 6.—Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in that right shall, for the purposes of this section, be deemed to claim under the persons so litigating.8. Bar to further suit
Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he or she shall not be entitled to institute a suit in respect of that cause of action.9. When foreign judgment not conclusive
A foreign judgment shall be conclusive as to any matter directly adjudicated, upon by it between the same parties or between parties under whom they or any of them claim, litigating under the same title, except—10. Presumption as to foreign judgments
The court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that that judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record; but that presumption may be displaced by proving want of jurisdiction.Place of suing
11. Jurisdiction of civil courts
12. Suits to be instituted where subject matter situate
Subject to the pecuniary or other limitations prescribed by any law, suits—13. Suits for immovable property situate within jurisdiction of different courts
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate if in respect of the value of the subject matter of the suit, the entire claim is cognisable by that court.14. Suits for compensation for wrongs to person or movables
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides, or carries on business, or personally works for gain within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of the courts.15. Other suits to be instituted where defendants reside or cause of action arises
Subject to the limitations in section 11 to 14 every suit shall be instituted in a court within the local limits of whose jurisdiction—16. Objections to jurisdiction
No objection as to the place of suing shall be allowed on appeal unless the objection was taken in the court of first instance and unless there has been a consequent failure of justice.17. Power to transfer suits which may be instituted in more than one court
Where a suit may be instituted in any one of two or more magistrates courts and is instituted in one of those courts, any defendant after notice to the other parties, or the court of its own motion, may, at the earliest possible opportunity, apply to the High Court to have the suit transferred to another court; and the High Court after considering the objections, if any, shall determine in which of the several courts having jurisdiction the suit shall proceed.18. Power of High Court to withdraw and transfer cases
Institution of suits
19. Institution of suits
Every suit shall be instituted in such manner as may be prescribed by rules.Procedure in suits and discovery
20. Service on defendant
Where a suit has been duly instituted, the defendant shall be served in the manner prescribed to enter an appearance and answer the claim.21. Service where defendant resides in another district
22. Power to order discovery and the like
Subject to such conditions and limitations as may be prescribed, the court may, at any time, either of its own motion or on the application of any party—23. Summons to witness
Sections 21 and 22 shall apply to summonses to give evidence or to produce documents or other material objects.24. Penalty for default
The court may compel the attendance of any person to whom a summons has been issued under section 22, and for that purpose may—(a)issue a warrant for his or her arrest;(b)attach and sell his or her property;(c)impose a fine on the person not exceeding one thousand shillings;(d)order the person to furnish security for his or her appearance and in default commit the person to prison.Judgment and decree
25. Judgment and decree
The court, after the case has been heard, shall pronounce judgment, and on that judgment a decree shall follow; except that—(a)if the defendant does not enter such appearance as may be prescribed, the court may give judgment for the plaintiff in default;(b)in cases for which rules have been made under section 41(2)(k) of the Judicature Act, it shall not be necessary for the court to hear the case before giving judgment.Interest
26. Interest
Costs
27. Costs
Part III – Execution
General
28. Application to orders
The provisions of this Act relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders.29. Definition of “court which passed a decree”
The expression, “court which passed a decree”, or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include—(a)where the decree to be executed has been passed in the exercise of appellate jurisdiction, the court of first instance; and(b)where the court of first instance has ceased to exist or to have jurisdiction to execute it, the court which, if the suit in which the decree was passed were instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.Courts by which decrees may be executed
30. Court by which decree may be executed
A decree may be executed either by the court which passed it or by the court to which it is sent for execution.31. Transfer of decree
32. Result of execution proceedings to be certified
The court to which a decree is sent for execution shall certify to the court which passed it the fact of the execution, or, where the former court fails to execute the decree, the circumstances attending the failure.33. Powers of courts in executing transferred decree
Questions to be determined by court executing the decree
34. Questions to be determined by the court executing the decree
Limit of time for execution
35. Execution barred in certain cases
Transferees and legal representatives
36. Transferee
Every transferee of a decree shall hold the decree subject to the equities, if any, which the judgment debtor might have enforced against the original decree holder.37. Legal representative
Procedure in execution
38. Powers of court to enforce execution
Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree holder, order execution of the decree—39. Enforcement of decree against legal representative
Arrest and detention
40. Arrest and detention
41. Subsistence allowances
The Minister may, by statutory instrument, fix scales of monthly allowances payable for the subsistence of a judgment debtor.42. Detention and release
43. Release on ground of illness
Attachment
44. Property liable to attachment and sale in execution of decree
45. Seizure of property in dwelling house
46. Property attached in execution of decrees of several courts
47. Private alienation of property after attachment to be void
Subject to any law for the time being in force relating to the registration of title to land, where an attachment has been made, any private transfer or delivery of the property attached or of any interest in it and any payment to the judgment debtor of any debt, dividend or other monies contrary to the attachment shall be void as against all claims enforceable under the attachment.Explanation.—For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.Sale
48. Duplicate certificate of title to immovable property to be lodged with court before sale
49. Purchaser’s title
Subject to any law relating to the registration of titles to land, where immovable property is sold in execution of a decree, the sale shall become absolute on the payment of the full purchase price to the court, or to the officer appointed by the court to conduct the sale.50. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
Distribution of assets
51. Distribution of assets
Resistance to execution
52. Resistance to execution
Where the court is satisfied that the holder of a decree for the possession of immovable property, or that the purchaser of immovable property sold in execution of a decree, has been resisted or obstructed in obtaining possession of the property by the judgment debtor or some person on his or her behalf, and that such resistance or obstruction was without any just cause, the court may, at the instance of the decree holder or purchaser, order the judgment debtor or such other person to be detained in prison for a period which may extend to thirty days and may further direct that the decree holder or purchaser be put in possession of the property.Part IV – Incidental proceedings
Commissions
53. Power of court to issue commissions
Subject to such conditions and limitations as may be prescribed, the court may issue a commission—54. Commission to another court
55. Letter of request
In lieu of issuing a commission the High Court or a magistrate’s court with the sanction of the High Court may issue a letter of request to examine a witness residing at any place not within Uganda.56. Commissions issued by foreign courts
Commissions issued by foreign courts for the examination of persons in Uganda shall be executed and returned in such manner as may be from time to time prescribed.Part V – Suits in particular cases
Suits by aliens and by or against foreign rulers
57. When aliens may sue
58. When foreign State may sue
Interpleader
59. Where interpleader suit may be instituted
Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest in it other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, that other person may institute a suit of interpleader against all the claimants or, where a suit dealing with the same subject matter is pending, may intervene by motion on notice in such suit, for the purpose of obtaining a decision as to the person to whom payment or delivery shall be made, and of obtaining indemnity for himself or herself; except that where any suit is pending in which the rights of all parties can be properly decided, no such suit of interpleader shall be instituted.Part VI – Special proceedings
Arbitration
60. Arbitration
All references to arbitration by an order in a suit, and all proceedings thereunder, shall be governed in such manner as may be prescribed by rules.Special case
61. Power to state case for opinion of court
Where any persons agree in writing to state a case for the opinion of the court, then the court shall try and determine the case in the manner prescribed.Suits relating to public matters
62. Public nuisances
63. Public charities
In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such trust, the Attorney General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Attorney General, may institute a suit, whether contentious or not, in the High Court to obtain a decree—Part VII – Supplemental proceedings
64. Supplemental proceedings
In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed—65. Compensation for arrest, attachment or injunction on insufficient grounds
Part VIII – Appeals
Appeals from original decrees
66. Appeals from decrees of High Court
Unless otherwise expressly provided in this Act, an appeal shall lie from the decrees or any part of the decrees and from the orders of the High Court to the Court of Appeal.67. Appeal from ex parte decree, etc.
68. Appeal from final decree where no appeal from preliminary decree
Where any party aggrieved by a preliminary decree does not appeal from that decree, he or she shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.69. Decision where appeal heard by two or more judges
70. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the court.71. Appeals shall be heard by one judge except when the Chief Justice shall otherwise order
Appeals from magistrates courts shall be heard by one judge of the High Court, except when in any particular case the Chief Justice shall direct that the appeal be heard by two or more judges of the High Court; that direction may be given before the hearing of the appeal or at any time before judgment is delivered.Appeals from appellate decrees
72. Second appeal
73. Third appeal
Where an appeal emanates from a judgment of a magistrate grade II but not including an interlocutory matter, a party aggrieved may lodge a third and final appeal to the Court of Appeal on the certificate of the High Court that the appeal concerns a matter of law of great public or general importance, or if the Court of Appeal in its overall duty to see that justice is done considers that the appeal should be heard.74. Second appeal on no other grounds
Subject to section 73, no appeal to the Court of Appeal shall lie except on the grounds mentioned in section 72.75. No second appeal in certain suits
No appeal to the Court of Appeal shall lie in any suit when the amount or value of the subject matter of the original suit does not exceed one thousand shillings, unless special leave has been first obtained from the Court of Appeal.Appeals from orders
76. Orders from which appeal lies
77. Other orders
78. What courts to hear appeal
Where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which the order was made.79. Limitation for appeals
General provisions relating to appeals
80. Power of appellate court
81. Procedure in appeals from appellate decrees and orders
The provisions of this Part relating to appeals from original decrees shall, as far as may be, apply to appeals—Part IX – Review and revision
82. Review
Any person considering himself or herself aggrieved—83. Revision
The High Court may call for the record of any case which has been determined under this Act by any magistrate’s court, and if that court appears to have—Part X – Miscellaneous
84. Exemption of certain women
85. Arrest other than in execution of decree
Sections 40, 41 and 43 shall apply, so far as may be, to all persons arrested under this Act.86. Exemption from arrest under civil process
87. Procedure where person to be arrested or property to be attached is outside district
88. Language of courts
89. Power to call in assessors
90. Miscellaneous proceedings
The procedure provided in this Act in regard to suits shall be followed as far as it may be applicable in all proceedings in any court of civil jurisdiction.91. Orders and notices to be in writing
All orders or notices served on or given to any person under this Act shall be in writing.92. Application for restitution
93. Enforcement of liability of surety
Where any person has become liable as surety—94. Consent or agreement by persons under disability
In all suits to which any person under disability is a party, any consent or agreement as to any proceeding shall, if given or made with the express leave of the court by the next friend or guardian for the suit, have the same force and effect as if that person were under no disability and had given such consent or made such agreement.95. Execution of decree of High Court before costs are ascertained
Where the High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the court may order that the decree shall be executed forthwith, except as to so much of it as relates to the costs, and as to so much of it as relates to the costs that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.96. Enlargement of time
Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Act, the court may, in its discretion, from time to time, enlarge that period, even though the period originally fixed or granted may have expired.97. Power to make up deficiency of court fees
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court fees has not been paid, the court may, in its discretion, at any stage, allow the person by whom the fee is payable to pay the whole or part, as the case may be, of that court fee; and upon the payment the document, in respect of which the fee is payable, shall have the same force and effect as if the fee had been paid in the first instance.98. Savings of inherent powers of court
Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.99. Amendment of judgments, decrees or orders
Clerical or mathematical mistakes in judgments, decrees or orders, or errors arising in them from any accidental slip or omission may at any time be corrected by the court either of its own motion or on the application of any of the parties.100. General power to amend
The court may at any time, and on such terms as to costs or otherwise as it may think 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 depending on such proceeding.History of this document
31 December 2000 this version
Consolidation
01 January 1929
Commenced