Uganda
Debts (Summary Recovery) Act
Chapter 74
- Commenced on 8 September 1937
- [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.]
1. Civil debts recoverable summarily
Notwithstanding the Civil Procedure Act and the Government Proceedings Act, any sum expressed by any Act, whether past or future, to be a civil debt recoverable summarily may be recovered in the court of any magistrate of competent jurisdiction in the manner prescribed by this Act.2. Jurisdiction of magistrates
Every magistrate shall have jurisdiction under this Act, subject to the following limitations—3. Commencement of proceedings
4. Magistrate to issue summons
5. Warrant not to issue, but if defendant fails to appear magistrate may proceed ex parte
A warrant shall not be issued for compelling the attendance of the defendant to answer any such complaint, but if on the day and at the place appointed in and by the summons, or on any day to which the hearing may be adjourned, the defendant shall fail to appear, then and in every such case if the magistrate shall be satisfied that the summons was duly served upon the defendant a reasonable time before the time so appointed for his or her appearance as aforesaid, it shall be lawful for such magistrate to proceed ex parte to the hearing of the complaint, and to adjudicate it as fully and effectually, to all intents and purposes, as if such defendant had personally appeared before the magistrate in obedience to the summons.6. Procedure for trial
Except as is otherwise provided in this Act, the procedure prescribed by Part XIV of the Magistrates Courts Act shall be followed in the trial of a case under this Act.7. Order of payment
8. Order of dismissal of complaint
If, on the hearing of the complaint, the magistrate is satisfied that the defendant is not liable to pay the sum claimed or any part of it, the magistrate shall dismiss the complaint.9. Costs
10. Monies ordered to be paid recoverable as fines
11. Imprisonment in default of payment of monies adjudged to be due
12. Appeal
An appeal shall lie to the High Court from any order made under section 7, and the provisions of the Magistrates Courts Act relating to appeals from the order of a magistrate’s court to the High Court shall apply to such appeal.13. High Court may issue rules
The High Court may, with the approval of the Minister, issue rules of court fixing fees, prescribing forms, and generally for the purposes of, and for giving effect to, the provisions of this Act.History of this document
31 December 2000 this version
Consolidation
08 September 1937
Commenced