Uganda
Government Proceedings Act
Chapter 77
- Commenced on 7 May 1959
- [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 – Interpretation
1. Interpretation
Part II – Substantive law
2. Right to sue the Government
Where any person has a claim against the Government after the commencement of this Act and the claim is either—3. Liability of the Government in tort
4. Provisions as to industrial property
5. Application of law as to indemnity and contribution
Where the Government is subject to any liability by virtue of this Part of this Act, the law relating to indemnity and contribution shall be enforceable by or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity.6. Saving in respect of acts done under statutory powers
Nothing in this Part of this Act shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of any powers or authorities conferred on the Government by any enactment, and, in particular, nothing in this Part shall extinguish or abridge any powers or authorities exercisable by the Government, whether in time of peace or of war, for the purpose of the defence of Uganda or of training, or maintaining the efficiency of, any of the armed forces of Uganda.Part III – Jurisdiction and procedure
7. Civil proceedings in the High Court
8. Civil proceedings in magistrates courts
9. Interpleader
The Government may institute or be made a party to interpleader proceedings in the same manner in which a private person may institute such proceedings or be made a party to those proceedings, and may be made a party to such proceedings notwithstanding that the proceedings have been instituted by a court broker or other like officer.10. Parties to proceedings
Civil proceedings by or against the Government shall be instituted by or against the Attorney General.11. Service of documents
All documents required to be served on the Government for the purpose of or in connection with any civil proceedings by or against the Government shall be served on the Attorney General.12. Venue and related matters
13. Removal and transfer of proceedings
14. Nature of relief
15. Costs in civil proceedings to which the Government is a party
In any civil proceedings or arbitration to which the Government is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between private persons, and the court or arbitrator shall have power to make an order for the payment of costs by or to the Government accordingly; except that—16. Appeals and stay of execution
Subject to this Act, all enactments relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the Government as they apply to proceedings between private persons.17. Scope of Part III
Part IV – Judgments and execution
18. Interest where a decree is for the payment of money and interest on costs
Sections 26(2) and (3) and 27(3) of the Civil Procedure Act (which relate to the payment of interest where a decree is for payment of money and to the payment of interest on costs) shall apply in the case of the Government as they do in the case of a private person.19. Satisfaction of orders against the Government
20. Execution by the Government
21. Attachment of monies payable by the Government
Part V – Miscellaneous and supplemental
22. Discovery
23. Exclusion of proceedings in rem against the Government
24. Application to the Government of certain enactments
This Act shall not prejudice the right of the Government to take advantage of the provisions of an enactment although not named in this Act; and it is declared that in any civil proceedings against the Government the provisions of any enactment which could, if the proceedings were between private persons, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Government.25. Abolition of certain writs and informations in the nature of quo warranto
26. Rules of court
27. Financial provisions
28. Savings
History of this document
31 December 2000 this version
Consolidation
07 May 1959
Commenced