This is the latest version of this Statutory Instrument.
Related documents
- Is amended by Civil Procedure (Amendment) Rules, 2019
Uganda
Civil Procedure Act
Civil Procedure Rules
Statutory Instrument 71–1
- Commenced
- [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.]
- [Amended by Civil Procedure (Amendment) Rules, 2019 (Statutory Instrument 33 of 2019) on 31 May 2019]
Preliminary
1. Citation
The following orders and rules may be cited as the Civil Procedure Rules.2. Application
These Rules shall apply, as far as practicable, and unless otherwise expressly provided, to all matters arising and to all proceedings taken on any matters under the Act, or any Act amending the Act.3. Interpretation
Unless the context or subject matter is otherwise required, the terms and expressions defined in the Act have in these Rules the meanings assigned to them.Order I – Parties to suits
1. Who may be joined as plaintiffs
All persons may be joined in one suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if those persons brought separate suits, any common question of law or fact would arise.2. Power of court to order separate trials
Where it appears to the court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient.3. Who may be joined as defendants
All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against those persons, any common question of law or fact would arise.4. Court may give judgment for or against one or more of joint parties
Judgment may be given without amendment—5. Defendant need not be interested in all the relief claimed
It shall not be necessary that every defendant shall be interested in all the relief claimed in any suit against him or her.6. Joinder of parties liable on same contract
The plaintiff may at his or her option join as parties to the same suit all or any of the persons severally, or jointly and severally liable on any one contract, including parties to bills of exchange and promissory notes.7. When plaintiff in doubt from whom redress to be sought
Where the plaintiff is in doubt as to the persons from whom he or she is entitled to obtain redress, he or she may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties.8. One person may sue or defend on behalf of all in same interest
9. Misjoinder and nonjoinder
No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.10. Suit in name of wrong plaintiff; addition and removal of parties
11. Conduct of suit
The court may give the conduct of the suit to such person as it deems proper.12. Appearance of one of several plaintiffs or defendants for others
13. Application to add, strike or substitute a plaintiff or defendant
Any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial by motion or summons or at the trial of the suit in a summary manner.14. Notice to third party
15. Default of appearance by third party
If a person not a party to the suit who is served as mentioned in rule 14 of this Order (hereafter called the “third party”) desires to dispute the plaintiffs claim in the suit against the defendant on whose behalf the notice has been given, or his or her own liability to the defendant—16. Judgment against third party in default
Where a third party makes default in entering an appearance in the suit, in case the defendant giving the notice suffers judgment by default—17. Judgment after trial against third party in default
Where a third party makes default in entering an appearance in the suit, in case the suit is tried and results in favour of the plaintiff, the court may either at or after the trial enter such judgment as the nature of the suit may require for the defendant giving notice against the third party; but execution of the judgment shall not be issued without leave of the court, until after satisfaction by the defendant of the decree against him or her; and if the suit is finally decided in the plaintiffs favour, otherwise than by trial, the court may, upon application ex parte supported by affidavit, order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the third party at any time after satisfaction by the defendant of the decree obtained by the plaintiff against him or her.18. Appearance of third party, directions
If a third party enters an appearance pursuant to the third party notice, the defendant giving the notice may apply to the court by summons in chambers for directions, and the court, upon the hearing of the application, may, if satisfied that there is a proper question to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the suit, as the court may direct; and, if not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.19. Costs
The court may decide all questions of costs between a third party and the other parties to the suit and may make such orders as to costs as the justice of the case may require.20. Notice served by third party
Where a person served with a third party notice by a defendant or by a third party claims to be entitled to contribution or indemnity over against any person not a party to the suit, he or she may by leave of the court issue a third party notice to that effect; and rules 14 to 19 of this Order shall apply mutatis mutandis to every notice so issued.21. Defendant claiming against codefendant
Where a defendant claims to be entitled to contribution or indemnity against any other defendant in the suit, a notice may be issued and the same procedure adopted for the determination of such questions between the defendants as would be issued and taken against the other defendant, if the last-mentioned defendant were a third party; but nothing in this rule shall prejudice the plaintiff against any defendant in the suit.22. Procedure under certain rules of this Order
Order II – Frame of suit
1. Suit to include the whole claim
Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his or her claim in order to bring the suit within the jurisdiction of any court.2. Omission to sue for or relinquishment of part of claim
Where a plaintiff omits to sue in respect of or relinquishes any portion of his or her claim, he or she shall not afterwards sue in respect of the portion omitted or relinquished.3. Omission to sue for one of several reliefs
A person entitled to more than one relief in respect of the same cause of action may sue for all or any of those reliefs; but if he or she omits, except with the leave of the court, to sue for all the reliefs, he or she shall not afterwards sue for any relief so omitted.4. Joinder of causes of action
5. Only certain claims to be joined for recovery of immovable property
6. Claims by or against executor, administrator or heir
No claim by or against an executor or administrator, as such, shall be joined with claims by or against him or her personally, unless the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as he or she was entitled to, or liable for, jointly with the deceased person whom he or she represents.7. Power of court to order separate trials
Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may order separate trials or may make such order as may be expedient.8. Objections as to misjoinder
9. Declaratory judgment
No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought by the suit, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.10. Procedure under this Order
Applications under rules 3 and 5 of this Order shall be by summons in chambers.Order III – Recognised agents and advocates
1. Appearances, etc. may be in person, by recognised agent or advocate
Any application to or appearance or act in any court required or authorised by the law to be made or done by a party in such court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his or her recognised agent, or by an advocate duly appointed to act on his or her behalf; except that any such appearance shall, if the court so directs, be made by the party in person.2. Recognised agents
The recognised agents of parties by whom such appearances, applications and acts may be made or done are—3. Service of process on recognised agent
4. Service of process on advocate
Any process served on the advocate of any party or left at the office or ordinary residence of the advocate, whether the process is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the advocate represents, and, unless the court otherwise directs, shall be as effectual for all purposes as if the process had been given to or served on the party in person.5. Agent to accept service
Order IV – Institution of suits
1. Suit to be commenced by plaint
2. Register of suits
Order V – Issue and service of summons
1. Summons
2. Items to accompany summons
Every summons shall be accompanied by a copy of the plaint, a brief summary of the evidence to be adduced, a list of witnesses, a list of documents and a list of authorities to be relied on; except that an additional list of authorities may be provided later with the leave of court.3. Order that plaintiff or defendant appear in person
4. No party to be ordered to appear in person unless resident within certain limits
No party shall be ordered to appear in person unless he or she resides—5. Summons to be either for orders or for final disposal
In the case of magistrates courts, the court shall determine, at the time of issuing the summons, whether it shall be for orders only or for the final disposal of the suit; and the summons shall contain a direction accordingly.6. Where summons is for final disposal, defendant to be directed to produce evidence
In the case of magistrates courts where the summons is for the final disposal of the suit, it shall direct the defendant to produce on the day fixed for his or her appearance all documents in his or her possession or power upon which he or she intends to rely in support of his or her case, and all witnesses whom he or she intends to call.7. Delivery or transmission of summons for service
8. Mode of service
Service of the summons shall be made by delivering or tendering a duplicate of the summons signed by the judge, or such officer as the judge appoints for this purpose, and sealed with the seal of the court.9. Service on several defendants
Except as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.10. Service to be on defendant in person or on his or her agent
Wherever it is practicable, service shall be made on the defendant in person, unless he or she has an agent empowered to accept service, in which case service on the agent shall be sufficient.11. Service on agent by whom defendant carries on business
12. Service on agent in charge in suits for immovable property
Where, in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, it may be made on an agent of the defendant empowered to accept service or on the agent of the defendant in charge of the property.13. Service on agent or member of defendant’s family when defendant cannot be found
Where in any suit the defendant cannot be found, service may be made on an agent of the defendant empowered to accept service or on any adult member of the family of the defendant who is residing with him or her.14. Person served to sign acknowledgment
Where a duplicate of the summons is duly delivered or tendered to the defendant personally or to an agent or other person on his or her behalf, the defendant or the agent or other person shall be required to endorse an acknowledgment of service on the original summons; except that if the court is satisfied that the defendant or his or her agent or other person on his or her behalf has refused so to endorse, the court may declare the summons to have been duly served.15. Procedure when defendant refuses to accept service or cannot be found
Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, or any person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the court from which it was issued with a report endorsed on it or annexed to it stating that he or she has so affixed the copy, the circumstances in which he or she did so, and the name and address of the person, if any, by whom the house was identified and in whose presence the copy was affixed.16. Affidavit of service
The serving officer shall, in all cases in which the summons has been served under rule 14 of this Order, make or annex or cause to be annexed to the original summons an affidavit of service stating the time when and the manner in which the summons was served, and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the summons.17. Examination of serving officer
Where a summons is returned under rule 15 of this Order, the court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him or her to be so examined by another court, touching his or her proceedings, and may make such further inquiry in the matter as it thinks fit; and the court shall either declare that the summons has been duly served or order such service as it thinks fit.18. Substituted service
19. Service on defendant in prison
Where the defendant is confined in a prison the summons shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the defendant.20. Service on public officers and soldiers
21. Duty of person to whom the summons is sent
22. In certain cases service of the summons, etc. allowed out of jurisdiction
Service out of the jurisdiction of a summons or notice of a summons may be allowed by the court whenever—23. Probate actions
In probate suits, service of a summons or notice of a summons may by leave of the court be allowed out of the jurisdiction.24. Application to be supported by evidence
Every application for leave to serve the summons or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether the defendant is a Commonwealth citizen or British protected person or not, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this Order.25. Order to fix time for filing written statement
Any order giving leave to effect the service or give the notice shall limit a time after the service or notice within which the defendant is to file a defence, such time to depend on the place or country where or within which the summons is to be served or the notice given.26. Service where defendant resides out of Uganda
Where leave to serve a summons out of the jurisdiction has been granted under rule 22 of this Order and the defendant is a Commonwealth citizen or British protected person or resides in a Commonwealth country out of Uganda, the summons shall be served in such manner as the court may order.27. Notice in lieu of writ
Where the defendant is neither a Commonwealth citizen nor a British protected person and is not in a Commonwealth country, notice of the summons and not the summons itself is to be served upon him or her.28. Service in a foreign country
Where leave is given to serve notice of the summons in any foreign country to which this rule may by order of the Chief Justice from time to time be applied, the following procedure shall be adopted—29. Extension of procedure to any order or notice
The court may direct that any summons, order or notice shall be served on any party or person in a foreign country, and the procedure prescribed by rule 28 of this Order, with reference to service of notice of a summons, shall apply to service of any summons, order or notice so directed to be served.30. Service of foreign legal process in Uganda
Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from the court or tribunal for service on any person in Uganda of any process or citation in such matter is transmitted to the High Court by the Minister with an intimation that it is desirable that effect should be given to the letter of request, the following procedure shall be adopted—31. General powers of the court
Upon the application of the Attorney General the court may make all such orders for substituted service or otherwise as may be necessary to give effect to rule 30 of this Order.32. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order VI – Pleadings generally
1. Pleading to state material facts
2. Items to accompany pleading
Every pleading shall be accompanied by a brief summary of evidence to be adduced, a list of witnesses, a list of documents and a list of authorities to be relied on; except that an additional list of authorities may be provided later with the leave of court.3. Particulars to be given where necessary
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence, and in all other cases in which particulars may be necessary, the particulars with dates shall be stated in the pleadings.4. Further and better statement or particulars
A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered upon such terms as to costs and otherwise as may be just.5. Condition precedent
Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his or her pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his or her pleading.6. New fact must be specially pleaded
The defendant or plaintiff, as the case may be, shall raise by his or her pleading all matters which show the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for instance, fraud, limitation act, release, payment, performance, or facts, showing illegality either by statute or common law.7. Departure from previous pleadings
No pleading shall, not being a petition or application, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading that pleading.8. Denial to be specific
It shall not be sufficient for a defendant in his or her written statement to deny generally the grounds alleged by the statement of claim, or for the plaintiff in his or her written statement in reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he or she does not admit the truth, except damages.9. Joinder of issue
10. Evasive denial
When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he or she must not do so evasively, but answer the point of substance. Thus, if it is alleged that he or she received a certain sum of money, it shall not be sufficient to deny that he or she received that particular amount, but he or she must deny that he or she received that sum or any part of it, or else set out how much he or she received. If the allegation is made with diver’s circumstances, it shall not be sufficient to deny it along with those circumstances.11. Denial of contract
Where a contract is alleged in any pleading, a bare denial of the contract by the opposite party shall be construed only as a denial in fact of the express contract alleged, or of the matters of fact from which the contract may be implied, and not as a denial of the legality or sufficiency in law of the contract.12. Effect of document to be stated
Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect of the contents of the document as briefly as possible, without setting out the whole or any part of the contents, unless the precise words of the document or any part of it are material.13. Malice, knowledge, etc.
Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact, without setting out the circumstances from which the malice, fraudulent intention, knowledge or other condition of the mind of any person is to be inferred.14. Notice
Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege the notice as a fact, unless the form or the precise terms of the notice, or the circumstances from which the notice is to be inferred, are material.15. Implied contract or relation
Whenever any contract or any relation between any parties is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege the contract or relation as a fact and to refer generally to the letters, conversations or circumstances without setting them out in detail. If in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from those circumstances, he or she may state them in the alternative.16. Presumptions of law
Neither party need in any pleading allege any matter of fact which the law presumes in his or her favour, or as to which the burden of proof lies upon the other side, unless the matter of fact has first been specifically denied, for example, consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.17. Technical objection
No technical objection shall be raised to any pleading on the ground of any alleged want of form.18. Striking out unnecessary matter, etc.
The court may, at any stage of the proceedings, order to be struck out or amended any matter in any endorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the action, and may in any such case, if it thinks fit, order the costs of the application to be paid as between advocate and client.19. Amendment of pleadings
The court may, at any stage of the proceedings, allow either party to alter or amend his or her pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.20. Plaintiff may amend without leave
A plaintiff may, without leave, amend his or her plaint once at any time within twenty-one days from the date of issue of the summons to the defendant or, where a written statement of defence is filed, then within fourteen days from the filing of the written statement of defence or the last of such written statements.21. Defendant amending without leave
A defendant who has set up any counterclaim or setoff may without leave amend the counterclaim or setoff at any time within twenty-eight days of the filing of the counterclaim or setoff, or, where the plaintiff files a written statement in reply to the counterclaim or setoff, then within fourteen days from the filing of the written statement in reply.22. Disallowance of amendment
Where a party has amended his or her pleading under rule 20 or 21 of this Order, the opposite party may within fifteen days from the date of service upon or delivery to him or her of the duplicate of the amended document apply to the court to disallow the amendment or any part of it; and the court may, if satisfied that the justice of the case requires it, disallow the amendment or any part of it or allow it subject to such terms as to costs or otherwise as may be just.23. Amendment to be filed and served
Whenever any pleading is amended, the amended document shall be filed within the time allowed for amending the pleading; and where the filing occurs before the date specified in the summons for the appearance of or the entering of appearance by the defendant, then a duplicate of the amended document shall be served upon the opposite party in the manner provided for the service of a summons, but where the amended document is filed after that date, a duplicate of the amended document shall be delivered to the opposite party by the party filing.24. Reply to amendment
Where any party has amended his or her pleading under rule 20 or 21 of this Order, the opposite party shall plead to the amended pleading or amend his or her pleading within the time he or she then has to plead, or within fifteen days of the service or delivery of the amendment, whichever shall last expire; and in case the opposite party has pleaded before the service or delivery of the amendment, and does not plead again or amend within the time above mentioned, he or she shall be deemed to rely on his or her original pleading in answer to that amendment.25. Failure to amend after order
If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is limited by the order then within fourteen days from the date of the order, he or she shall not be permitted to amend after the expiration of such limited time as aforesaid or the fourteen days, as the case may be, unless the time is extended by the court.26. Pleading to be signed
Every pleading shall be signed by an advocate or by the party if he or she sues or defends in person.27. Pleadings in magistrates courts
28. Points of law may be raised by pleading
Any party shall be entitled to raise by his or her pleading any point of law, and any point so raised shall be disposed of by the court at or after the hearing; except that by consent of the parties, or by order of the court on the application of either party, a point of law may be set down for hearing and disposed of at any time before the hearing.29. Dismissal of suit
If, in the opinion of the court, the decision of the point of law substantially disposes of the whole suit, or of any distinct cause of action, ground of defence, setoff, counterclaim, or reply therein, the court may thereupon dismiss the suit or make such other order in the suit as may be just.30. Striking out pleading
31. Procedure under this Order
Applications under rules 18, 19 and 22 of this Order shall be by summons in chambers.Order VII – Plaint
1. Particulars to be contained in plaint
The plaint shall contain the following particulars—2. In money suits
Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed, except where the plaintiff sues for mesne profits, or for an amount which will be found due to him or her on taking unsettled accounts between him or her and the defendant.3. Where the subject matter of the suit is immovable property
Where the subject matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.4. When plaintiff sues as representative
Where the plaintiff sues in a representative character, the plaint shall show not only that he or she has an actual existing interest in the subject matter but that he or she has taken the steps, if any, necessary to enable him or her to institute a suit concerning it.5. Defendant’s interest and liability to be shown
The plaint shall show that the defendant is or claims to be interested in the subject matter, and that he or she is liable to be called upon to answer the plaintiff s demand.6. Grounds of exemption from limitations
Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the grounds upon which exemption from that law is claimed.7. Relief claimed to be stated
Every plaint shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the court may think just to the same extent as if it had been asked for; and the same rule shall apply to any relief claimed by the defendant in his or her written statement.8. Relief founded on separate grounds
Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly.9. Procedure on admitting plaint
10. Return of plaint
11. Rejection of plaint
The plaint shall be rejected in the following cases—12. Procedure on rejecting plaint
Where a plaint is rejected the judge shall record an order to the effect with the reasons for the order.13. Where rejection of plaint does not preclude presentation of fresh plaint
The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.14. Production of document on which plaintiff sues and listing of other documents on which plaintiff relies
15. Statement in case of documents not in plaintiff’s possession or power
Where any such document is not in the possession or power of the plaintiff, he or she shall, if possible, state in whose possession or power it is.16. Suits on lost negotiable instruments
Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the court, against the claims of any other person upon the instrument, the court may pass such decree as it would have passed if the plaintiff had produced the instrument in court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.17. Production of shop book or other account and copy of relevant entry; certification and filing of the copy
18. Inadmissibility of document not produced when plaint filed
19. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order VIII – Defence and counterclaim
1. Written statement
2. Setoff and counterclaim
3. Specific denial
Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against a person under disability; but the court may in its discretion require any facts so admitted to be proved otherwise than by that admission.4. Pleading to damages
No denial or defence shall be necessary as to damages claimed or their amount; but they shall be deemed to be put in issue in all cases, unless expressly admitted.5. Persons in representative capacity
If either party wishes to deny the right of any other party to claim as executor, or as trustee whether in bankruptcy or otherwise, or in any representative or other alleged capacity or the alleged constitution of any partnership firm, he or she shall deny it specifically.6. Proper admission not made
Where the court is of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, it may make such order as shall be just with respect to any extra costs occasioned by they are having been denied or not admitted.7. Counterclaim
Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he or she shall, in his or her statement of defence, state specifically that he or she does so by way of counterclaim.8. Title of counterclaim
Where a defendant by his or her defence sets up any counterclaim which raises questions between himself or herself and the plaintiff together with any other persons, he or she shall add to the title of his or her defence a further title similar to the title in a plaint, setting forth the names of all the persons who, if the counterclaim were to be enforced by cross-action, would be defendants to the cross-action and shall deliver to the court his or her defence for service on such of them as are parties to the action together with his or her defence for service on the plaintiff within the period within which he or she is required to file his or her defence.9. Claim against person not party
Where any such person as mentioned in rule 8 of this Order is not a party to the suit, he or she shall be summoned to appear by being served with a copy of the defence, which shall be served in accordance with the rules for regulating service of a summons.10. Appearance by added parties
Any person not already a party to the suit who is served with a defence and counterclaim as aforesaid must appear in the suit as if he or she had been served with a summons to appear in the suit.11. Reply to counterclaim
12. Exclusion of counterclaim
Where a defendant sets up a counterclaim, if the plaintiff or any other person named in manner aforesaid as party to the counterclaim contends that the claim raised by the counterclaim ought not to be disposed of by way of counterclaim, but in an independent suit, he or she may, at any time before reply, apply to the court for an order that the counterclaim may be excluded; and the court may, on the hearing of the application, make such order as shall be just.13. Discontinuance
If, in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.14. Judgment for balance
Where in any suit a setoff or counterclaim is established as a defence against the plaintiff's claim, the court may, if the balance is in favour of the defendant, give judgment for the defendant for that balance, or may otherwise adjudge to the defendant such relief as he or she may be entitled to upon the merits of the case.15. Plea of possession
16. Defence or setoff founded on separate grounds
Where the defendant relies upon several distinct grounds of defence or setoff founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly.17. New ground of defence
Any ground of defence which has arisen after the institution of the suit or the filing of a defence claiming a setoff may be raised by the defendant or plaintiff, as the case may be, in his or her pleading.18. Subsequent pleadings
19. Filing of defence
Subject to rule 8 of this Order, a defendant shall file his or her defence and either party shall file any pleading subsequent to the filing of the defence by delivering the defence or other pleading to the court for placing upon the record and by delivering a duplicate of the defence or other pleading at the address for service of the opposite party.20. Procedure under this Order
Applications under rule 18 of this Order shall be by summons in chambers.Order IX – Filing of defence, setting down suit for hearing, etc.
1. Mode of filing defence
2. Acknowledgement not to constitute waiver
The filing of a defence by the defendant shall not be treated as a waiver by him or her of any irregularity in the summons or service of the summons or in any order giving leave to serve the summons out of the jurisdiction or extending the validity of the summons for the purpose of service.3. Dispute as to jurisdiction
4. Suits against infants and lunatics
Where no defence has been filed on or before the day fixed in the summons for a defendant who is an infant or a person of unsound mind, the plaintiff shall before further proceeding with the suit apply to the court for an order that some proper person be assigned guardian of the defendant by whom he or she may appear and defend the action. But no such order shall be made unless it appears upon the hearing of the application that the summons was duly served and that all the requirements as to notice of the application contained in rule 3(4) of Order XXXII of these Rules have been complied with unless the court at the hearing of the application shall dispense with any notice required thereby.5. Affidavit of service upon failure to file defence
Where any defendant fails to file a defence on or before the day fixed in the summons and the plaintiff is desirous of proceeding upon default of filing the defence under any of the rules of this Order, he or she shall cause an affidavit of service of the summons and failure of the defendant to file a defence within the prescribed time to be filed upon the record.6. Judgment upon a liquidated demand
Where the plaint is drawn claiming a liquidated demand and the defendant fails to file a defence, the court may, subject to rule 5 of this Order, pass judgment for any sum not exceeding the sum claimed in the plaint together with interest at the rate specified, if any, or if no rate is specified, at the rate of 8 percent per year to the date of judgment and costs.7. Liquidated demand against several defendants
Where the plaint is drawn claiming a liquidated demand and there are several defendants of whom one or more files a defence on or before the day fixed in the summons, and another or others of them fail to file a defence, the court may, subject to rule 5 of this Order, pass judgment as in rule 6 of this Order against such as have not filed a defence, and execution may issue upon such judgment and decree without prejudice to the plaintiff's right to proceed with the action against such as have filed a defence.8. Assessment of damages
Where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and the defendant fails or all defendants, if more than one, fail to file a defence on or before the day fixed in the summons, the plaintiff may, subject to rule 5 of this Order, enter an interlocutory judgment against the defendant or defendants and set down the suit for assessment by the court of the value of the goods and damages or the damages only, as the case may be, in respect of the amount found to be due in the course of the assessment.9. Assessment where some defendants have filed a defence
Where the plaint is drawn as is mentioned in rule 8 of this Order and there are several defendants of whom one or more files a defence, and another or others fail to file a defence, on or before the day fixed in the summons, the court, subject to rule 5 of this Order, may assess the value of the goods and the damages or either of them, as the case may be, as against the defendant or defendants who have not filed a defence at the same time as the trial of the suit against the other defendant or defendants and may proceed to pass judgment in accordance with the assessment.10. General rule where no defence filed
In all suits not by the rules of this Order otherwise specifically provided for, in case the party does not file a defence on or before the day fixed therein and upon a compliance with rule 5 of this Order, the suit may proceed as if that party had filed a defence.11. Setting down suit for hearing
12. Setting aside ex parte judgment
Where judgment has been passed pursuant to any of the preceding rules of this Order, or where judgment has been entered by the registrar in cases under Order L of these Rules, the court may set aside or vary the judgment upon such terms as may be just.13. Step in suit after defence filed
Subject to Order XII of these Rules where a defendant has filed a defence under rule 1 of this Order, the court may set down the suit for hearing with notice to the parties.14. Appearance by defendant in answer to a summons
Where a day has been fixed in a summons for the defendant to appear and answer the claim, the parties shall be in attendance at the courthouse in person, or by their respective advocates or recognised agents, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the court.15. Defendant to give an address for service
Each defendant upon whom a summons requiring him or her to appear and answer a claim has been served shall at or before the first attendance under rule 14 of this Order file a memorandum giving an address for service and shall deliver a duplicate of the memorandum to the opposite party.16. Suit dismissed upon failure to pay fees
Where on the day fixed for filing a defence or to appear and answer, it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court fee or charges, if any, for the service, the court may make an order that the suit be dismissed.17. When neither party appears, suit dismissed
Where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.18. Plaintiff may bring fresh suit or court may restore suit to file
Where a suit is dismissed under rule 16 or 17 of this Order, the plaintiff may, subject to the law of limitation, bring a fresh suit or he or she may apply for an order to set the dismissal aside; and if he or she satisfies the court that there was sufficient cause for his or her not paying the court fee and charges, if any, required within the time fixed before the issue of the summons or for his or her nonappearance, as the case may be, the court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.19. Dismissal of suit where summons unserved and plaintiff fails for a year to apply for fresh summons
20. Procedure when only plaintiff appears
21. Procedure where defendant appears on day of adjourned hearing
Where the court has adjourned the hearing of the suit ex parte, and the defendant at or before the hearing appears and assigns good cause for his or her previous nonappearance, he or she may, upon such terms as the court directs as to costs or otherwise, be heard in answer to the suit as if he or she had appeared on the day fixed for his or her appearance.22. Procedure when defendant only appears
Where the defendant appears, and the plaintiff does not appear, when the suit is called on for hearing, the court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part of it, in which case the court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.23. Decree against plaintiff by default bars fresh suit
24. Procedure in case of nonattendance of one or more of several plaintiffs
Where there are more plaintiffs than one, and one or more of them appear, and the others do not appear, the court may, at the instance of the plaintiff or plaintiffs appearing, permit the suit to proceed in the same way as if all the plaintiffs had appeared, or make such order as it thinks fit.25. Procedure in case of nonattendance of one or more of several defendants
Where there are more defendants than one, and one or more of them appear and the others do not appear, the suit shall proceed and the court shall, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who do not appear.26. Consequence of nonattendance without sufficient cause shown of party ordered to appear in person
Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the court for failing to appear, he or she shall be subjected to all the provisions of the foregoing rules of this Order applicable to plaintiffs and defendants, respectively, who do not appear.27. Setting aside decree ex parte against defendant
In any case in which a decree is passed ex parte against a defendant, he or she may apply to the court by which the decree was passed for an order to set it aside; and if he or she satisfies the court that the summons was not duly served, or that he or she was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an order setting aside the decree as against him or her upon such terms as to costs, payment into court, or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit; except that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside as against all or any of the other defendants also.28. No decree to be set aside without notice to the opposite party
No decree shall be set aside on any such application as aforesaid unless notice of the application has been served on the opposite party.29. Procedure under this Order
Applications under rule 4 of this Order shall be by summons in chambers.Order X – Interrogatories, discovery and inspection
1. Discovery by interrogatories
In any suit the plaintiff or defendant may apply to the court within twenty-one days from the date of the last reply or rejoinder referred to in Order VIII, rule 18(5), of these Rules for leave to deliver interrogatories and discoveries in writing for the examination of the opposite parties, or any one or more of those parties, and those interrogatories when delivered shall have a note at the foot of them stating which of the interrogatories each of the persons is required to answer; except that—2. Particular interrogatories to be submitted
3. Costs of interrogatories
In adjusting the costs of the suit inquiry shall, at the instance of any party, be made into the propriety of exhibiting the interrogatories, and if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that the interrogatories have been exhibited unreasonably, vexatiously or at improper length, the cost occasioned by the interrogatories and the answers to them shall be paid in any event by the party in fault.4. Form of interrogatories
Interrogatories shall be in Form 2 of Appendix B to these Rules, with such variations as circumstances may require.5. Corporations
Where any party to a suit is a corporation or a body of persons, empowered by the law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him or her to deliver interrogatories to any member or officer of the corporation or body, and an order may be made accordingly.6. Objections to interrogatories by answer
Any objection to answering any interrogatories on the ground that they are scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.7. Setting aside and striking out interrogatories
Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for the purpose may be made within seven days after service of the interrogatories.8. Affidavit in answer, filing
Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow.9. Form of affidavit in answer
An affidavit in answer to interrogatories shall be in Form 3 of Appendix B to these Rules, with such variations as circumstances may require.10. No exception to be taken
No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court.11. Order to answer or answer further
Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring him or her to answer, or to answer further, as the case may be, and an order may be made requiring him or her to answer or answer further, either by affidavit or by viva voce examination, as the court may direct.12. Application for discovery of documents
13. Affidavit of objection to production of documents
The affidavit to be made by a party against whom such order as is mentioned in rule 12 of this Order has been made shall specify which if any of the documents mentioned in the affidavit he or she objects to produce and shall be in Form 5 of Appendix B to these Rules, with such variation as the case may require.14. Production of documents
The court may, at any time during the pendency of any suit, order the production by any party to the suit, upon oath, of such of the documents in his or her possession or power, relating to any matter in question in the suit, as the court shall think right; and the court may deal with the documents, when produced, in such manner as shall appear just.15. Inspection of documents referred to in pleadings or affidavits
Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce the document for the inspection of the party giving the notice, or of his or her advocate, and to permit him or her or them to take copies of the document; and any party not complying with the notice shall not afterwards be at liberty to put any such document in evidence on his or her behalf in that suit unless he or she shall satisfy the court that the document relates only to his or her own title, he or she being a defendant to the suit, or that he or she had some other cause or excuse which the court shall deem sufficient for not complying with the notice, in which case the court may allow the document to be put in evidence on such terms as to costs and otherwise as the court shall think fit.16. Notice to produce for inspection
Notice to any party to produce for inspection any documents referred to in his or her pleading or affidavits shall be in Form 7 of Appendix B to these Rules, with such variations as circumstances may require.17. Time for inspection when notice given
18. Order for inspection
19. Verified copies
20. Premature discovery
Where the party from whom discovery of any kind or inspection is sought objects to the discovery or inspection, or any part of it, the court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that the issue or question be determined first, and reserve the question as to the discovery or inspection.21. Noncompliance with order for discovery
Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he or she shall, if a plaintiff, is liable to have his or her suit dismissed for want of prosecution, and, if a defendant, to have his or her defence, if any, struck out, and to be placed in the same position as if he or she had not defended; and the party interrogating or seeking discovery or inspection may apply to the court for an order to that effect, and an order may be made accordingly.22. Using answers to interrogatories at trial
Any party may, at the trial of a suit, use in evidence any one or more of the answers, or any part of an answer, of the opposite party to interrogatories without putting in the others or the whole of the answer; but in that case the court may look at the whole of the answers, and, if it is of opinion that any others of them are so connected with those put in that the last mentioned answers ought not to be used without them, it may direct them to be put in.23. Order to apply to minors
This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability.24. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order XI – Consolidation of suits
1. Consolidation of suits
Where two or more suits are pending in the same court in which the same or similar questions of law or fact are involved, the court may, either upon the application of one of the parties or of its own motion, at its discretion, and upon such terms as may seem fit—2. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order XII – Scheduling conference and alternative dispute resolution
1. Scheduling conference
2. Alternative dispute resolution
3. Interlocutory applications
Order XIII – Admissions
1. Notice of admission of case
Any party to a suit may give notice by his or her pleading, or otherwise in writing, that he or she admits the truth of the whole or any part of the case of any other party.2. Notice to admit documents
Either party may call on the other to admit any document, saving all just exceptions; and, in case of refusal or neglect to admit, after the notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the court otherwise directs; and no costs of proving any document shall be allowed, unless the notice is given, except where the omission to give the notice is, in the opinion of the court, a saving of expense.3. Form of notice
A notice to admit documents shall be in Form 9 of Appendix B to these Rules, with such variations as circumstances may require.4. Notice to admit facts
Any party may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact mentioned in the notice, and in case of refusal or neglect to admit the fact within six days after service of the notice, or within such further time as may be allowed by the court, the cost of providing the fact shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the court otherwise directs; except that—5. Form of admission
A notice to admit facts shall be in Form 10 of Appendix B to these Rules, and an admission of facts shall be in Form 11 of Appendix B to these Rules, with such variations as circumstances may require.6. Judgment on admissions
Any party may at any stage of a suit, where an admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon the admission he or she may be entitled to, without waiting for the determination of any other question between the parties; and the court may upon the application make such order, or give such judgment, as the court may think just.7. Affidavit of signature
An affidavit of the advocate or his or her clerk of the due signature of any admissions made in pursuance of any notice to admit documents or facts shall be sufficient evidence of the admissions, if evidence of the admissions is required.8. Notice to produce documents in court
9. Costs
If a notice to admit or produce comprises documents which are not necessary, the costs occasioned by the notice shall be borne by the party giving the notice.Order XIV – Production, impounding and return of documents
1. Endorsements on documents admitted in evidence
2. Endorsements on copies of admitted entries in books, accounts and records
3. Recording of admitted and return of rejected documents
4. Court may order any document to be impounded
Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the court for such period and subject to such conditions as the court thinks fit.5. Return of admitted documents
6. Court may send for records of its own or of other court
7. Provisions as to documents applied to material objects
The provisions contained in this Order as to documents shall, so far as may be, apply to all other material objects producible as evidence.8. Procedure under this Order
Applications under rule 6 of this Order shall be by summons in chambers.Order XV – Settlement of issue and determination of suit on issues of law or on issues agreed upon
1. Framing of issues
2. Issues of law and issues of fact
Where issues both of law and of fact arise in the same suit, and the court is of opinion that the case or any part of it may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.3. Materials from which issues may be framed
The court may frame the issues from all or any of the following materials—4. Court may examine witnesses or documents before framing issues
Where the court is of opinion that the issues cannot be correctly framed without the examination of some person not before the court, or without the inspection of some document not produced in the suit, it may adjourn the framing of the issues to a future day, and may, subject to any law for the time being in force, compel the attendance of any person, or the production of any document by the person in whose possession or power it is, by summons or other process.5. Power to amend and strike out issues
6. Questions of law or fact may by agreement be stated in the form of issues
Where the parties to a suit are agreed as to the question of law or of fact to be decided between them, they may state the question in the form of an issue and enter into an agreement in writing that, upon the finding of the court in the affirmative or the negative of the issue—7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment
Where the court is satisfied, after making such inquiry as it deems proper—Order XVI – Summoning and attendance of witnesses
1. Summons to attend to give evidence or produce documents
At any time after the suit is instituted the parties may obtain, on application to the court or to such officer as it appoints for this purpose, summonses to persons whose attendance is required either to give evidence or to produce documents.2. Expenses of witnesses to be paid into court on applying for summons
3. Tender of expenses or notification of sum lodged
The sum so paid into court shall be tendered to the person summoned at the time of serving the summons, if it can be served personally; or if the court so directs the person summoned may be notified that the sum so paid into court will be paid out to him or her on his or her attendance.4. Procedure where insufficient sum paid in
5. Time, place and purpose of attendance to be specified in summons
Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he or she is required to attend, and whether his or her attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document which the person summoned is called on to produce shall be described in the summons with reasonable accuracy.6. Summons to produce documents
Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he or she causes the document to be produced instead of attending personally to produce it.7. Power to require persons present in court to give evidence or produce document
Any person present in court may be required by the court to give evidence or to produce any document then and there in his or her possession or power.8. Service of summons
Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V of these Rules as to proof of service shall apply in the case of all summonses served under this rule.9. Time for serving summons
10. Procedure where witness fails to comply with summons
11. If witness appears, attachment may be withdrawn
Where, at any time after the attachment of his or her property, the person appears and satisfies the court—12. Procedure if witness fails to appear
The court may, where the person does not appear, or appears but fails so to satisfy the court, impose upon him or her such fine, not exceeding one thousand shillings, as it thinks fit, having regard to his or her condition in life and all the circumstances of the case, and may order his or her property, or any part of it, to be attached and sold, or, if already attached under rule 10 of this Order, to be sold for the purpose of satisfying all costs of the attachment, together with the amount of the fine, if any; except that if the person whose attendance is required pays into court the costs and fine aforesaid, the court shall order the property to be released from attachment.13. Mode of attachment
The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if the person whose property is so attached were a judgment debtor.14. Duty of persons summoned to give evidence or produce document
Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it or cause it to be produced at that time and place.15. When witnesses may depart
16. Application of rules 10 to 13 of this Order
The provisions of rules 10 to 13 of this Order shall, so far as they are applicable, be deemed to apply to any person who, having attended in compliance with a summons, departs without lawful excuse in contravention of rule 15 of this Order.17. Procedure where witness apprehended cannot give evidence or produce document
Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he or she has been summoned to give or produce, the court may require him or her to give reasonable bail or other security for his or her appearance at such time and place as it thinks fit, and on that bail or security being given may release him or her, and in default of his or her giving such bail or security may order him or her to be detained in the civil prison.18. No witness to be ordered to appear in person unless resident within certain limits
No one shall be ordered to attend in person to give evidence or to produce any document unless he or she resides—19. Consequence of refusal of a party to give evidence when called on by the court
Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or to produce any document then and there in his or her possession or power, the court may pronounce judgment against him or her or make such order in relation to the suit as it thinks fit.20. Rules as to witnesses to apply to parties summoned
Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him or her so far as they are applicable.Order XVII – Prosecution of suits and adjournments
1. Court may grant time, adjourn hearing and make an order with respect to costs of adjournment
2. Procedure where no application is made to restore suit adjourned generally
Where the hearing of a suit has been adjourned generally, the court may, if no application as aforesaid is made within twelve months of the last adjournment, give notice to the parties to show cause why the suit should not be dismissed, and if cause is not shown to the satisfaction of the court, the suit shall be dismissed.3. Procedure if parties fail to appear on day fixed
Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed for that purpose by Order IX of these Rules, or make such other order as it thinks fit.4. Court may proceed notwithstanding either party fails to produce evidence
Where any party to a suit to whom time has been granted fails to produce his or her evidence, or to cause the attendance of his or her witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding that default, proceed to decide the suit immediately.5. Dismissal of suit for want of prosecution
If the plaintiff does not within eight weeks from the delivery of any defence, or, where a counterclaim is pleaded, then within ten weeks from the delivery of the counterclaim, set down the suit for hearing, then the defendant may either set down the suit for hearing or apply to the court to dismiss the suit for want of prosecution, and on the hearing of the application the court may order the suit to be dismissed accordingly, or may make such other order, and on such terms, as to the court may seem just.6. Suit may be dismissed if no step taken for two years
Order XVIII – Hearing of the suit and examination of witnesses
1. Right to begin
The plaintiff shall have the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he or she seeks, in which case the defendant shall have the right to begin.2. Statement and production of evidence
3. Evidence where several issues
Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his or her option, either produce his or her evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his or her evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.4. Witnesses to be examined in open court
The evidence of the witnesses in attendance shall be taken orally in open court in the presence of and under the personal direction and superintendence of the judge.5. How evidence to be recorded
The evidence of each witness shall be taken down in writing by or in the presence and under the personal direction and superintendence of the judge, not ordinarily in the form of question and answer but in that of a narrative, and when completed shall be signed by the judge.6. Records made in shorthand or by mechanical means
Notwithstanding rule 5 of this Order, the evidence given or any other proceeding at the hearing of any suit may be recorded in shorthand or by mechanical means, and, if the parties to the suit agree, the transcript of anything so recorded shall, if certified by the judge to be correct, be deemed to be a record of the evidence or other proceeding for all the purposes of the suit.7. Summary of evidence in certain cases
Notwithstanding rule 5 of this Order, in all cases before any court in which the subject matter in dispute or amount claimed can be valued in money and that value does not exceed three hundred shillings, it shall be sufficient for the judge to make in writing a brief summary of the evidence given before him or her.8. Any particular question and answer may be taken down
The court may, of its own motion or on the application of any party or his or her advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing.9. Questions objected to and allowed by court
Where any question put to a witness is objected to by a party or his or her advocate, and the court allows the question to be put, the judge shall take down the question, the answer, the objection and the name of the person making it.10. Remarks on demeanour of witness
The court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.11. Power to deal with evidence taken before another judge
12. Power to examine witness immediately
13. Court may recall and examine witness
The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force, put such questions to him or her as the court thinks fit.14. Power of court to inspect
The court may at any stage of a suit inspect any property or thing concerning which any question may arise.15. Procedure under this Order
Applications under rule 12 of this Order shall be by summons in chambers.Order XIX – Affidavits
1. Power to order any point to be proved by affidavit
Any court may at any time for sufficient reason order that any particular fact may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the court thinks reasonable; except that where it appears to the court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of that witness to be given by affidavit.2. Power to order attendance of deponent for cross-examination
3. Matters to which affidavits shall be confined
Order XX – Application for an account
1. Order for accounts
Where a plaint prays for an account, or where the relief sought in the plaint involves the taking of an account, then, if the defendant either fails to appear or does not after appearance, by affidavit or otherwise, satisfy the court that there is some preliminary question to be tried, an order for proper accounts, with all necessary inquiries and directions usual in similar cases, shall immediately be made.2. Procedure under this Order
Order XXI – Judgment and decree
1. Judgment when pronounced
In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or on some future day, of which due notice shall be given to the parties or their advocates.2. Power to pronounce judgment written by another judge
3. Judgment to be signed
4. Contents of judgment
Judgments in defended suits shall contain a concise statement of the case, the points for determination, the decision on the case and the reasons for the decision.5. Court to state its decision on each issue
In suits in which issues have been framed, the court shall state its finding or decision, with the reasons for the finding or decision, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit.6. Contents of decree
7. Preparation of decrees and orders
8. Costs
The decree or order shall not state the amount of the costs, which, after they have been taxed or otherwise ascertained, shall be stated in a separate certificate to be signed by the registrar, or, in a magistrate’s court, by the magistrate.9. Procedure where judge has vacated office or is unable to sign decree
10. Decree for recovery of immovable property
Where the subject matter of the suit is immovable property, the decree shall contain a description of the property sufficient to identify it, and where the property can be identified by boundaries or by numbers in a Government record or survey, the decree shall specify the boundaries or numbers.11. Decree for delivery of movable property
Where the suit is in respect of movable property, and the decree is for the delivery of the property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.12. Judgment may direct payment by installments
13. Decree for possession and mesne profits
14. Decree in administration suit
15. Decree in suit for dissolution of partnership
Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passing a final decree, may pass a preliminary decree, declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved, or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.16. Decree in suit for account between principal and agent
In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit.17. Special directions as to accounts
The court may, either by the decree directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matter contained in them with liberty to the parties interested to take such objection thereto as they may be advised.18. Decree in suit for partition of property or separate possession of a share
Where a court passes a decree for the partition of property, or for the separate possession of a share in the property, the court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the parties interested in the property and giving such further directions as may be required.19. Decree where setoff allowed
20. Certified copies of judgment and decree to be furnished
Certified copies of the judgment and decree shall be furnished to the parties on application to the court and at their expense.21. Procedure under this Order
Applications under rule 12 of this Order shall be by summons in chambers.Order XXII – Execution of decrees and orders
1. Modes of paying money under decree
2. Payment out of court to decree holder
3. Lands situate in more than one jurisdiction
Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more courts, any one of those courts may attach and sell the entire estate or tenure.4. Procedure where court desires that its own decree shall be executed by another court
A court sending a decree for execution by another court shall send—5. Court receiving copies of decree to file them without proof
The court to which a decree is so sent shall cause the copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies of the decree or order, unless the court, for any special reasons to be recorded under the hand of the judge, requires such proof6. Execution or transfer by High Court of transferred decree
Where the court to which the decree is sent for execution is the High Court, the decree shall be executed by that court in the same manner as if it had been passed by that court in the exercise of its ordinary original civil jurisdiction, or it may be transferred by that court for execution to any magistrate’s court.7. Application for execution
Where the holder of a decree desires to execute it, he or she shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court, then to that court or to the proper officer of that other court.8. Oral and written applications
9. Application for attachment of movable property not in judgment debtor’s possession
Where an application is made for the attachment of any movable property belonging to a judgment debtor, but not in his or her possession, the decree holder shall annex to the application an inventory of the property to be attached, containing a reasonably accurate description of the property.10. Application for attachment of immovable property to contain certain particulars
Where an application is made for the attachment of any immovable property belonging to a judgment debtor, it shall contain at the foot—11. Power to require certified extract from land registries in certain cases
Where an application is made for the attachment of any land which is registered in the land registries, the court may require the applicant to produce a certified extract from the register of that office, specifying the persons registered as proprietors of, or as possessing, any transferable interest in the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.12. Application for execution by joint decree holder
13. Application for execution by transferee of decree
Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by the decree holder; except that—14. Procedure on receiving an application for execution of decree
15. Execution in case of cross decrees
16. Execution in case of cross claims under same decree
Where application is made to a court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then—17. Cross decrees and cross claims in mortgage suits
The provisions of rules 15 and 16 of this Order shall apply to decrees for sale in enforcement of a mortgage or charge.18. Simultaneous execution
The court may, in its discretion, refuse execution at the same time against the person and property of the judgment debtor.19. Notice to show cause against execution in certain cases
20. Procedure after issue of notice
21. Process for execution
22. Endorsement on process
23. When court may stay execution
24. Liability of judgment debtor discharged
No order of restitution or discharge under rule 23 of this Order shall prevent the property or person of a judgment debtor from being retaken in execution of the decree sent for execution.25. Order of court which passed decree or of appellate court to be binding upon court applied to
Any order of the court by which the decree was passed, or of such appellate court as aforesaid, in relation to the execution of the decree, shall be binding upon the court to which the decree is sent for execution.26. Stay of execution pending suit between decree holder and judgment debtor
Where a suit is pending in any court against the holder of a decree of the court in the name of the person against whom the decree was passed, the court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided.27. Decree for payment of money
Every decree for the payment of money, including a decree for the payment of money as an alternative to some other relief, may be executed by the detention in the civil prison of the judgment debtor, or by the attachment and sale of his or her property, or by both detention and attachment.28. Decree for specific movable property
29. Decree for specific performance, for restitution of conjugal rights or for an injunction
30. Discretion of court in executing decrees for restitution of conjugal rights
31. Decree for execution of document or endorsement of negotiable instrument
32. Decree for delivery of immovable property
33. Decree for delivery of immovable property when in occupancy of tenant
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the property and not bound by the decree to relinquish the occupancy, the court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and notifying the occupant in such manner as may be suitable of the substance of the decree in regard to the property.34. Discretionary power to permit judgment debtor to show cause against detention in prison
35. Warrant for arrest to direct judgment debtor to be brought up
Every warrant for the arrest of a judgment debtor shall direct the officer entrusted with its execution to bring him or her before the court with all convenient speed, unless the amount which he or she has been ordered to pay, together with the interest on that amount and the costs, if any, to which he or she is liable, is sooner paid.36. Subsistence allowance
37. Proceedings on appearance of judgment debtor in obedience to notice or after arrest
38. Examination of judgment debtor as to his or her property
Where a decree is for the payment of money, the decree holder may apply to the court for an order that—39. Attachment in case of decree for rent, or mesne profits, or other matter, amount of which to be subsequently determined
Where a decree directs an inquiry as to rent or mesne profits, or any other matter, the property of the judgment debtor may, before the amount due from him or her has been ascertained, be attached, as in the case of an ordinary decree for the payment of money.40. Attachment of movable property other than agricultural produce in possession of judgment debtor
41. Attachment of agricultural produce
Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment—42. Provisions as to agricultural produce under attachment
43. Attachment of debt, share and other property not in possession of judgment debtor
44. Attachment of shares in movables
Where the property to be attached consists of the share or interest of the judgment debtor in movable property belonging to him or her and another as co-owners, the attachment shall be made by a notice to the judgment debtor prohibiting him or her from transferring the share or interest or charging it in any way.45. Attachment of salary or allowances of public officer or servant of railway company or local authority
46. Attachment of partnership property
47. Execution of decree against firm
48. Attachment of negotiable instrument
Where the property to be attached is a negotiable instrument not deposited in a court, nor in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into court and held subject to further orders of the court.49. Attachment of property in custody of court or public officer
Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to the court or officer requesting that the property, and any interest or dividend becoming payable on the property, may be held subject to the further orders of the court from which the notice is issued; except that where the property is in the custody of a court, any question of title or priority arising between the decree holder and any other person, not being the judgment debtor, claiming to be interested in the property by virtue of any assignment or otherwise shall be determined by the court.50. Attachment of decree
51. Attachment of immovable property
52. Removal of attachment after satisfaction of decree
Where—53. Order for payment of coin or currency notes to party entitled under decree
Where the property attached is current coin or currency notes, the court may, at any time during the continuance of the attachment, direct that the coin or notes, or a part of the coin or notes sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the coin or notes or a part of the coin or notes.54. Determination of attachment
55. Investigation of claims to, and objections to attachment of, attached property
56. Evidence to be adduced by claimant
The claimant or objector shall adduce evidence to show that at the date of the attachment he or she had some interest in the property attached.57. Release of property from attachment
Where upon the investigation under rule 55 the court is satisfied that for the reason stated in the claim or objection the property was not, when attached, in the possession of the judgment debtor or of some person in trust for him or her, or in the occupancy of a tenant or other person paying rent to him or her, or that, being in the possession of the judgment debtor at that time, it was so in his or her possession not on his or her own account or as his or her own property, but on account of or in trust for some other person, or partly on his or her own account and partly on account of some other person, the court shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment.58. Disallowance of claim to property attached
Where the court is satisfied that the property was, at the time it was attached, in the possession of the judgment debtor as his or her own property and not on account of any other person, or was in the possession of some other person in trust for him or her, or in the occupancy of a tenant or other person paying rent to him or her, the court shall disallow the claim.59. Continuance of attachment subject to claim of incumbrancer
Where the court is satisfied that the property is subject to a mortgage or charge in favour of some person not in possession and thinks fit to continue the attachment, it may do so, subject to the mortgage or charge.60. Saving of suits to establish right to attached property
Where a claim or an objection is preferred, the party against whom an order is made may institute a suit to establish the right which he or she claims to the property in dispute, but, subject to the result of the suit, if any, the order shall be conclusive.61. Power to order property attached to be sold and proceeds to be paid to person entitled
Any court executing a decree may order that any property attached by it and liable to sale, or such portion of the property as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of the sale, or a sufficient portion of the proceeds, shall be paid to the party entitled under the decree to receive them.62. Sales, by whom conducted and how made
Except as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the court may appoint for this purpose, and shall be made by public auction in the prescribed manner.63. Notification of sales by public auction
64. Time of sale
No sale hereunder shall take place until after the expiration of at least thirty days in the case of immovable property, and, except in the case of property of the nature described in rule 40(2) of this Order, of at least fifteen days in the case of movable property, calculated from the date on which the public notice of sale has been advertised as provided in these Rules; except that in the case of movable property the judgment debtor may consent in writing to a less period.65. Adjournment or stoppage of sale
66. Defaulting purchaser answerable for loss on resale
Any deficiency of price which may happen on a resale by reason of the purchaser’s default, and all expenses attending the resale, shall be certified to the court by the officer or other person holding the sale, and shall, at the instance of either the decree holder or the judgment debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money.67. Decree holder not to bid for or buy property without permission
68. Restriction on bidding or purchase by officers
No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire, any interest in the property sold.69. Negotiable instruments and shares in corporations
Where the property to be sold is a negotiable instrument or a share in a corporation, the court may, instead of directing the sale to be by public auction, authorise the sale of the instrument or share through a broker.70. Sales by public auction
71. Irregularity not to vitiate sale, but any person injured may sue
No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of the irregularity at the hand of any other person may institute a suit against him or her for compensation, or (if that person is the purchaser) for the recovery of the specific property and for compensation in default of the recovery.72. Delivery of movable property, debts and shares
73. Transfer of negotiable instruments and shares
74. Vesting order in case of other property
In the case of any movable property not hereinbefore provided for, the court may make an order vesting the property in the purchaser, or as he or she may direct; and the property shall vest accordingly.75. Sale of immovable property
Sales of immovable property in execution of decrees may be ordered by any court.76. Postponement of sale to enable judgment debtor to raise amount of decree
77. Deposit by purchaser and resale on default
78. Time for payment in full of purchase money
79. Procedure in default of payment
In default of payment within the period mentioned in rule 78 of this Order, the deposit may, if the court thinks fit, after defraying the expenses of the sale, be forfeited and shall be allocated to the satisfaction of the decree, and the property shall be resold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.80. Notification on resale
Every resale of immovable property in default of payment of the purchase money within the period allowed for the payment shall be made after the issue of a fresh public notification in the manner and for the period hereinbefore prescribed for the sale.81. Bid of co-sharer to have preference
Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for the property or for any lot, the bid shall be deemed to be the bid of the co-sharer.82. Delivery of property in occupancy of judgment debtor
Where the immovable property sold is in the occupancy of the judgment debtor, or of some person on his or her behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the property, the court shall, on the application of the purchaser, order delivery to be made by putting the purchaser, or any person whom he or she may appoint to receive delivery on his or her behalf, in possession of the property, and, if need be, by removing any person who refuses to vacate the property.83. Delivery of property in occupancy of tenant
Where the property sold is in the occupancy of a tenant or other person entitled to occupy it, the court shall, on the application of the purchaser, order delivery to be made by notifying the occupant in such manner as the court may direct that the interest of the judgment debtor has been transferred to the purchaser.84. Resistance or obstruction to possession of immovable property
85. Detention of judgment debtor for resistance or obstruction to possession of immovable property
Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment debtor, or by some other person at his or her instigation, it shall direct that the applicant be put into possession of the property, and, where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment debtor, or any person acting at his or her instigation, to be detained in a civil prison for a term which may extend to thirty days.86. Resistance or obstruction by bona fide claimant
Where the court is satisfied that the resistance or obstruction was occasioned by any person (other than the judgment debtor) claiming in good faith to be in possession of the property on his or her own account or on account of some person other than the judgment debtor, the court shall make such order as it may deem to be just.87. Rules not applicable to transferee lite pendente
Nothing in rule 86 of this Order shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.88. Order conclusive subject to regular suit
Any party not being a judgment debtor against whom an order is made under rule 85 or 86 of this Order may institute a suit to establish the right which he or she claims to the present possession of the property; but, subject to the result of the suit, if any, the order shall be conclusive.89. Procedure under this Order
Order XXIII – Attachment of debts
1. Order for the attachment of debts
2. Effect of garnishee order
Service of an order that debts due to a judgment debtor liable under a decree shall be attached, or notice of the order to the garnishee in such manner as the court may direct, shall bind such debts in his or her hands.3. Execution against garnishee
If the garnishee does not dispute the debt due or claimed to be due from him or her to the judgment debtor, or, if he or she does not appear upon the day of hearing named in an order nisi, then the court may order execution against the person and goods of the garnishee to levy the amount due from him or her, or so much of the amount due as may be sufficient to satisfy the decree, together with the costs of the garnishee proceedings.4. Trial of liability of garnishee
If the garnishee disputes his or her liability, the court, instead of making an order that execution be levied, may order that any issue or question necessary for determining his or her indebtedness be tried and determined in the manner in which an issue or question in a suit is tried or determined.5. Claim of third person
Whenever in any proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the court may order such third person to appear, and state the nature and particulars of his or her claim upon the debt.6. Trial of claim of third persons
After hearing the allegations of any third person under such order as is mentioned in rule 5 of this Order, or of any other person who by the same or any subsequent order the court may order to appear, or in case of such third person not appearing when ordered, the court may order execution for levying the amount due from the garnishee, together with the costs of the garnishee proceedings, or order any issue or question to be tried or determined according to rules 1 to 5 of this Order and may bar the claim of such third person or make such other order as the court shall think fit.7. Payment by or execution on the garnishee is a valid discharge
Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him or her as against the judgment debtor to the amount paid or levied, although such proceeding or order may be set aside or the decree reversed.8. Record of proceedings
Proceedings under this Order shall be filed upon the record of the suit in which the decree sought to be enforced was obtained.9. Costs of proceedings
The costs of any application for an attachment of debts and of any proceedings arising from or incidental to the application shall be in the discretion of the court, and the costs of the decree holder shall, unless otherwise directed, be retained out of the money recovered by him or her under the garnishee order, and in priority to the amount due under the decree.10. Procedure under this Order
Applications under rule 1 of this Order shall be by summons in chambers.Order XXIV – Death, insolvency and marriage of parties
1. No abatement by party’s death if right survives
The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues.2. Procedure where one of several plaintiffs or defendants dies and right to sue survives
Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.3. Procedure in case of death of one of several plaintiffs or of sole plaintiff
4. Procedure in case of death of one of several defendants or of sole defendant
5. Determination of question as to legal representative
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff, or a deceased defendant, the question shall be determined by the court.6. Suit not abated by marriage of female party
7. When plaintiff’s insolvency bars suit
8. Effect of abatement or dismissal
9. Procedure in case of assignment before final order in suit
10. Application of Order to appeals
In the application of this Order to appeals, so far as may be, “plaintiff’ includes an appellant, “defendant” a respondent, and “suit” an appeal.11. Application of Order to proceedings
Nothing in rules 3, 4 and 8 of this Order shall apply to proceedings in execution of a decree or order.12. Procedure under this Order
Any application to the court under rules 3, 4, 5, 6, 7, 8 and 9 of this Order shall be by motion and any application under rule 2 of this Order shall be by chamber summons.Order XXV – Withdrawal and adjustment of suits
1. Withdrawal of suit by plaintiff or defendant
2. Withdrawal by consent
When a suit has been set down for hearing it may be withdrawn prior to the hearing by either the plaintiff or the defendant upon filing a consent signed by all the parties.3. Decree may be issued for costs
Any defendant may enter judgment for the costs of the suit if it is wholly discontinued against him or her or for the costs occasioned by the matter withdrawn, if the action is not wholly discontinued.4. Stay of subsequent suit
If any subsequent suit is brought before payment of the costs of a discontinued suit upon the same, or substantially the same, cause of action, the court may order a stay of the subsequent suit until the costs have been paid.5. Limitation in subsequent suit
In any fresh suit instituted subject to terms imposed by the court under rule 1 of this Order, the plaintiff shall be bound by the law of limitation in the same manner as if the former suit had not been instituted.6. Compromise of a suit
Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court may, on the application of a party, order the agreement, compromise, or satisfaction to be recorded, and pass a decree in accordance with the agreement, compromise or satisfaction so far as it relates to the suit.7. Procedure under this Order
Applications under rule 1 of this Order shall be by summons in chambers.Order XXVI – Security for costs
1. Security for the costs of a defendant
The court may if it deems fit order a plaintiff in any suit to give security for the payment of all costs incurred by any defendant.2. Effect of failure to furnish security
3. Procedure under this Order
Applications under rule 1 of this Order shall be by summons in chambers.Order XXVII – Payment into court and tender
1. Defendant may pay money into court in satisfaction or denying liability
Where any suit is brought to recover a debt or damages, any defendant may before or at the time of filing his or her defence, or at any later time by leave of the court, pay into court a sum of money by way of satisfaction, which shall be taken to admit the claim or cause of action in respect of which the payment is made; or he or she may with a defence denying liability (except in suits or counterclaims for libel or slander) pay money into court which shall be subject to the provisions of rule 6 of this Order; except that in a suit on a bond, payment into court shall be admissible in respect of particular breaches only, and not of the whole suit.2. Defence to state payment in
Payment into court shall be signified in the defence, and the claim or cause of action in satisfaction of which the payment is made shall be specified in the defence.3. Defence of tender before suit
With a defence setting up a tender before suit the sum of money alleged to have been tendered must be brought into court.4. Payment in before defence
If the defendant pays money into court before filing his or her defence, he or she shall serve upon the plaintiff a notice specifying the fact of the payment into court and the claim or cause of action in respect of which the payment has been made. The notice shall aver that the sum of money paid into court is sufficient to satisfy the specified claim or cause of action.5. Payment out to plaintiff in certain cases
In the following cases of payment into court under this Order, namely—6. Where defence denies liability
7. Plaintiff accepting in satisfaction
The plaintiff, when payment into court is made before the defence is filed, may, within seven days after the receipt of notice of the payment, or, when the payment is first signified in a defence, before reply, or where no reply is ordered, within ten days from filing of defence or the last of the defences, accept in satisfaction of the claim or cause of action in respect of which the payment has been made the sum so paid in, in which case he or she shall give notice to the defendant that he or she accepts the sum paid into court in satisfaction of the claim in respect of which it was paid in, and shall be at liberty in case the entire claim or cause of action is thereby satisfied to tax his or her costs after the expiration of seven days from the service of the notice, unless the court shall otherwise order, and in case of nonpayment of the costs within forty-eight hours after the taxation, to issue a decree for his or her costs so taxed.8. Payment in by one of several defendants
9. Counterclaim
A plaintiff or any person made defendant to a counterclaim may, in answer to a counterclaim, pay money into court in satisfaction of the counterclaim, subject to the like conditions as to costs and otherwise as upon payment into court by a defendant.10. Money paid in under order
Money paid into court under an order of the court shall not be paid out except in pursuance of an order of the court; except that where before the filing of the defence money has been paid into court by the defendant pursuant to an order under Order XXXVI of these Rules, he or she may (unless the court shall order otherwise) by his or her pleading appropriate the whole or any part of the money, and any additional payment if necessary to the whole or any specified portion of the plaintiff's claim, or if he or she pleads a tender, may appropriate the whole or any part of the money in court as payment into court of the money alleged to have been tendered; and the money so appropriated shall thereupon be deemed to be money paid into court pursuant to the preceding rules of this Order relating to money paid into court with a plea of tender, as the case may be, and shall be subject in all respects to those rules.11. Monies recovered by infant or person of unsound mind
12. Procedure under this Order
Applications under rules 6(1)(c) and (2), 10 and 11 of this Order shall be by summons in chambers.Order XXVIII – Commissions
1. Cases in which court may issue commission to examine witnesses
Any court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the limits of its jurisdiction who is exempted under the Act from attending the court or who is from sickness or infirmity unable to attend it.2. Order for commission
An order for the issue of a commission for the examination of a witness may be made by the court on application supported by affidavit.3. Where witness resides within court’s jurisdiction
A commission for the examination of a person who resides within the local limits of the jurisdiction of the court issuing it may be issued to any person whom the court thinks fit.4. Persons for whose examination commission may issue
5. Request to examine witness abroad
Where any court to which application is made for the issue of a commission for the examination of a person residing at any place not within Uganda is satisfied that the evidence of that person is necessary, the court may issue the commission or a letter of request.6. Court to examine witness pursuant to commission
Every court in Uganda receiving a commission for the examination of any person shall examine him or her or cause him or her to be examined pursuant to the commission.7. Return of commission with deposition of witness
Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of the order; and the commission and the return thereto and the evidence taken under it shall, subject to rule 8 of this Order, form part of the record of the suit.8. When deposition may be read in evidence
Evidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the evidence is offered, unless—9. Commissions to make local investigations
In any suit in which the court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the court may issue a commission to such person as it thinks fit directing him or her to make such investigation and to report on it to the court.10. Procedure of commissioner; report and depositions to be evidence
11. Referee to examine accounts
In any suit in which an examination of accounts is necessary, the court may refer the accounts to such person as it thinks fit, directing him or her to make the examination.12. Court to give referee necessary instructions; proceedings and report to be evidence
13. Partition of immovable property
Where a preliminary decree for partition has been passed, the court may appoint such person as it thinks fit to make the partition or separation according to the rights as declared in the decree.14. Procedure upon partition
15. Expenses of commission to be paid into court
Before issuing any commission, reference or appointment under this Order, the court may order such sum, if any, as it thinks reasonable for the expenses of the commission, reference or inquiry, to be paid within a time to be fixed into court by the party at whose instance or for whose benefit the commission, reference or appointment is issued.16. Powers of commissioner
Any person appointed under this Order may, unless otherwise directed by the order of appointment—17. Attendance and examination of witnesses before commissioner
18. Parties to appear before commissioner
19. Commissions issued by foreign courts
The provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by—20. Procedure under this Order
Applications under rule 2 of this Order shall be by summons in chambers.Order XXIX – Suits by or against corporations
1. Subscription and verification of pleading
In a suit by or against a corporation any pleading may be signed on behalf of the corporation by the secretary or by any director or other principal officer of the corporation who is able to depose to the facts of the case.2. Service on corporation
Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served—Order XXX – Suits by or against firms and persons carrying on business in names other than their own
1. Suing of partners in name of firm
Any two or more persons claiming or being liable as partners and carrying on business in Uganda may sue or be sued in the name of the firm, if any, of which those persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in the firm, to be furnished and verified in such manner as the court may direct.2. Disclosure of partners’ names
3. Service
4. Right of suit on death of partner
5. Notice in what capacity served
Where a summons is issued to a firm, and is served in the manner provided by rule 3 of this Order, every person upon whom it is served shall be informed by notice in writing given at the time of the service, whether he or she is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, indefault of the notice, the person served shall be deemed to be served as a partner.6. Appearance of partners
Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.7. No appearance except by partners
Where a summons is served in the manner provided by rule 3 of this Order upon a person having the control or management of the partnership business, no appearance by him or her shall be necessary unless he or she is a partner of the firm sued.8. Appearance in action against firm
9. Suits between co-partners
This Order shall apply to suits between a firm and one or more of the partners in the firm, and to suits between firms having one or more partners in common; but no execution shall be issued in the suits except by leave of the court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and such directions given as may be just.10. Suits against person carrying on business in name other than his or her own
Any person carrying on business in a name or style other than his or her own name may be sued in that name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules under this Order shall apply.11. Practice under this Order
Applications under this Order shall be made by summons in chambers, except in the case of applications under rule 4(2) of this Order which shall be made by motion on notice.12. Business Names Registration Act not to be affected
Nothing in this Order shall affect the provisions of the Business Names Registration Act or of any amendments of that Act.Order XXXI – Suits by or against trustees, executors and administrators
1. Representation of beneficiaries in suits concerning property vested in trustees
In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in the property and a third person, the trustee, executor or administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit but the court may, if it thinks fit, order them or any of them to be made parties.2. Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them; except the executors who have not proved their testator’s will, and trustees, executors and administrators outside Uganda, need not be made parties.3. Husband of married executrix not to join
Unless the court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.4. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order XXXII – Suits by or against minors and persons of unsound mind
1. Minor to sue by next friend
2. Where suit is instituted without next friend, plaint to be taken off file
3. Guardian for the suit to be appointed by court for minor defendant
4. Who may act as next friend or be appointed guardian for the suit
5. Representations of minor by next friend or guardian for the suit
6. Receipt by next friend or guardian for the suit of property under decree for minor
7. Agreement or compromise by next friend or guardian for the suit
8. Retirement of next friend
9. Removal of next friend
10. Stay of proceedings on removal, etc. of next friend
11. Retirement, removal or death of guardian for the suit
12. Course to be followed by minor plaintiff or applicant on attaining majority
13. Where minor co-plaintiff attaining majority desires to repudiate suit
14. Unreasonable or improper suit
15. Application of rules to persons of unsound mind
The provisions contained in rules 1 to 14 of this Order, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interest when suing or being sued.16. Practice under this Order
Except as otherwise provided, any application under this Order shall be made by motion on notice.Order XXXIII – Suits by paupers
1. Suits may be instituted in forma pauperis
2. Contents of application
Every application for permission to sue as a pauper shall contain the particulars required in regard to plaints in suits, together with a statement that the pauper is unable to pay the fee prescribed in the suit, and the whole shall be signed in the manner prescribed for the signing of pleadings.3. Presentation of application
Notwithstanding anything in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 84 of the Act, in which case the application may be presented by an authorised agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him or her might have been examined had that party attended in person.4. Examination of applicant
Where the application is in proper form and duly presented the court may, if it thinks fit, examine the applicant or his or her agent, when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.5. Rejection of application
6. Notice of day for receiving evidence of applicant’s pauperism
Where the court sees no reason to reject the application on any of the grounds stated in rule 5 of this Order, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party and the Attorney General) for receiving such evidence as the applicant may adduce in proof of his or her pauperism and for hearing any evidence which may be adduced in disproof of it.7. Procedure at hearing
8. Procedure if application admitted
Where the application is granted, it shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff shall not be liable to pay any court fee.9. Dispaupering
The court may, on the application of the defendant or of the Attorney General, of which seven days’ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispaupered—10. Costs where pauper succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he or she had not been permitted to sue as a pauper; that amount shall be recoverable by the court from any party ordered by the decree to pay it, and shall be a first charge on the subject matter of the suit.11. Procedure where pauper fails
Where the plaintiff fails in the suit or is dispaupered, or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court fees which would have been paid by the plaintiff if he or she had not been permitted to sue as a pauper.12. Government may apply for payment of court fees
The Government shall have the right at any time to apply to the court to make an order for the payment of court fees under rule 10 or 11 of this Order.13. Government to be deemed a party
All matters arising between the Government and any party to the suit under rule 10, 11 or 12 of this Order shall be deemed to be questions arising between the parties to the suit within the meaning of section 34 of the Act.14. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature
An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him or her in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of the right provided that he or she first pays the costs, if any, incurred by the Government and by the opposite party in opposing his or her application for leave to sue as a pauper.15. Costs
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.16. Procedure under this Order
Applications under this Order shall be in writing addressed to the court.Order XXXIV – Interpleader
1. Practice under this Order
Interpleader proceedings may be instituted—2. Averments to be proved by applicant
In every suit of or application by way of interpleader the applicant shall satisfy the court by way of affidavit or otherwise—3. Stay of suit
If the application is made by a defendant in a suit the court may stay all further proceedings in the suit.4. Order upon summons
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the plaintiffs is to be the plaintiff and which the defendant.5. Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject matter in dispute, it seems desirable to do so, dispose of the merits of their claims, and decide them in a summary manner and on such terms as may be just.6. Provision for applicant’s costs
Where the application is properly made the court may provide for the costs of the applicant by giving him or her a charge on the thing claimed, or in some other effectual way.7. Order upon a claimant’s failure to appear
If a claimant, having been duly served with a summons calling on him or her to appear and maintain or relinquish his or her claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to comply with any order made after his or her appearance, the court may make an order declaring him or her and all persons claiming under him or her forever barred against the applicant, and persons claiming under him or her, but the order shall not affect the rights of the claimants as between themselves.Order XXXV – Proceedings by agreement of parties
1. Power to state case for court’s opinion
2. Where value of subject matter must be stated
Where the agreement is for the delivery of any property, or for the doing or the refraining from doing any particular act, the estimated value of the property to be delivered, or to which the specified act has reference, shall be stated in the agreement.3. Agreement to be filed and registered as suit
4. Parties to be subject to court’s jurisdiction
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the court and shall be bound by the statements contained in it.5. Hearing and disposal of case
Order XXXVI – Summary procedure on specially endorsed plaint
1. Application of this Order
This Order shall apply to—2. Special endorsement on plaint
All suits—3. Judgment in default of application for leave to defend
4. Application to be supported by affidavit and served on plaintiff
An application by a defendant served with a summons in Form 4 of Appendix A for leave to appear and defend the suit shall be supported by affidavit, which shall state whether the defence alleged goes to the whole or to part only, and if so, to what part of the plaintiff's claim, and the court also may allow the defendant making the application to be examined on oath. For this purpose the court may order the defendant, or, in the case of a corporation, any officer of the corporation, to attend and be examined upon oath, or to produce any lease, deeds, books or documents, or copies of or extracts from them. The plaintiff shall be served with notice of the application and with a copy of the affidavit filed by a defendant.5. Judgment upon refusal to give leave
Where, after hearing an application by a defendant for leave to appear and defend the suit, the court refuses to grant such leave, the plaintiff shall be entitled as against the defendant to a decree such as is described in rule 3 of this Order.6. Judgment for part of claim, defence as to residue
If it appears that the defence set up by a defendant applies only to a part of the plaintiff's claim, or that any part of his or her claim is admitted, the plaintiff's shall be entitled to a decree immediately for such part of his or her claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to suspending execution or the payment of any amount realised by attachment into court, the taxation of costs or otherwise, as the court may think fit; and the defendant may be allowed to appear and defend as to the residue of the plaintiff's claim.7. Judgment against one of several defendants
If it appears to the court that any defendant has a good defence to or ought to be permitted to appear and defend the suit, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to appear and defend, and the plaintiff shall be entitled to issue a decree against the latter, and may issue execution upon the decree without prejudice to his or her right to proceed with his or her suit against the former.8. Leave to defend may be conditional
Leave to appear and defend the suit may be given unconditionally, or subject to such terms as to the payment of monies into court, giving security, or time or mode of trial or otherwise, as the court may think fit.9. Summary hearing by consent
Upon the hearing of the application, with the consent of the parties, the suit may be finally disposed of without appeal in a summary manner.10. Orders for further conduct of suit
Where leave, whether conditional or unconditional, is given to appear and defend, the court shall have power to give all directions and make all orders as to pleadings, issues, and any further steps in the suit as may then appear reasonable or necessary, or may order the suit to be immediately set down for hearing.11. Setting aside decree
After the decree the court may, if satisfied that the service of the summons was not effective, or for any other good cause, which shall be recorded, set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the court so to do, and on such terms as the court thinks fit.Order XXXVII – Originating summons
1. Who may take out originating summons and in respect of what matters
The executors or administrators of a deceased person, or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, heir, or legal representative of a deceased person, or as cestui que trust under the terms of any deed or instrument, or as claiming by assignment, or otherwise, under any such creditor or other person as aforesaid, may take out as of course an originating summons, returnable before a judge sitting in chambers, for such relief of the nature or kind following, as may by the summons be specified, and the circumstances of the case may require, that is to say, the determination, without the administration of the estate or trust, of any of the following questions—2. Order for administration of estate or trust
Any of the persons named in rule 1 of this Order may in like manner apply for and obtain an order for—3. Summons by vendor or purchaser of land
A vendor or purchaser of immovable property or their representatives respectively may, at any time or times, take out an originating summons returnable before a judge sitting in chambers, for the determination of any question which may arise in respect of any requisitions or objections, or any claim for compensation; or any other question arising out of or connected with the contract of sale, not being a question affecting the existence or validity of the contract.4. Summons by a mortgagee or mortgagor, etc.
Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable before a judge in chambers, for such relief of the nature or kind following as may be by the summons specified, and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance or delivery of possession by the mortgagee.5. Summons by a member of a partnership
When the existence of a partnership, or the right to a partnership, or the fact of the dissolution of a partnership is not in dispute, any partner in a firm or his or her representatives may take out an originating summons returnable before a judge sitting in chambers against his or her partners or former partners or their representatives, if any, for the purpose of having the partnership dissolved (if it is still subsisting) and for the purpose of taking the accounts of and winding up the partnership.6. Summons by persons interested in deeds or wills
Any person claiming to be interested under a deed, will or other written instrument may apply in chambers by originating summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the person interested.7. Discretion upon summons for construction of document
The judge shall not be bound to determine any such question of construction if, in his or her opinion, it ought not to be determined on originating summons.8. Practice upon application for summons
9. Summons to be filed and registered
The originating summons when so signed shall be filed, and entered in the register of suits, but after the serial number the letters “O.S.” shall be placed to distinguish it from plaints filed in ordinary suits.10. Evidence and directions upon hearing of summons
On the hearing of the summons, if the parties do not agree to the correctness and sufficiency of the facts set forth in the summons and affidavit, the judge may order the summons to be supported by such further evidence as he or she may deem necessary and may give such directions as he or she may think just for the trial of any issues arising upon the summons, and may make any amendments necessary to make the summons accord with existing facts, and to raise the matters in issue between the parties.11. Powers of court upon hearing of summons
The judge hearing an originating summons may, if he or she thinks fit, adjourn the hearing into court for taking evidence viva voce or hearing arguments; and, if it appears to him or her that the matters in respect of which relief is sought cannot properly be disposed of in a summary manner, may refuse to pass any order on the summons, and may dismiss it, referring the parties to a suit in the ordinary course, making such orders as to costs as may appear to be just.12. Court may make orders as to costs incurred by any party
If an originating summons is adjourned into court, the judge may, if he or she thinks the question to be determined is of sufficient importance, order that the costs be taxed on the scale applicable to suits. In all other cases the judge may make such orders as to the costs of the parties as he or she considers to be just.Order XXXVIII – Company matters
1. Interpretation
In this Order, unless the context otherwise requires—2. Extent to which Order applies to company matters
This Order and, subject to it, the other provisions of these Rules shall apply to all applications except those to which the Companies (Winding Up) Rules apply.3. Applications by petition
The following applications shall be made by petition—4. Applications by motion or summons
Applications to rectify the register of members of a company under section 118 of the Act shall be made by motion or summons in chambers.5. Applications by motion
The following applications shall be made by motion—6. Applications by summons
The following applications shall be made by summons in chambers—7. Title of proceedings
Every petition, notice of motion and summons and all notices, affidavits and other proceedings connected with any petition, notice of motion or summons shall be entitled in the matter of the company and in the matter of the Companies Act, and otherwise as in Form 1 of Appendix H to these Rules, with such variations as circumstances may require; except that an application for leave under section 189(1) of the Act shall be entitled in the matter of the company in relation to which the applicant was convicted or was guilty of such an offence or of such conduct as is mentioned in that subsection, and otherwise in accordance with the provisions of this rule.8. Petitions
Every petition shall—9. Service of proceedings
10. Hearing dates
Subject to any directions which may be given under rule 11 of this Order and subject to rule 12(k) of this Order, the date and time at which petitions, motions and summonses are to be heard shall be fixed by the court registrar.11. Directions
12. Procedure on inquiry
In cases where the court has ordered any such inquiry as is mentioned in rule 11(2)(b) of this Order, the following provisions shall apply—13. Delivery of office copy of order under section 59 of the Act to the registrar
Unless in any particular case the court otherwise directs every order sanctioning the issue of shares at a discount shall contain a direction that an office copy of the order shall be delivered to the registrar for registration within ten days from the date of the order or within such further or other time as the court may allow and that the order shall not take effect until the office copy has been so delivered.14. Form of order under section 209 of the Act
Where an application is made under section 209 of the Act the order may be in Form 10 of Appendix H to these Rules with such variations as the circumstances of the case may require.15. District registries
Where a matter is pending in a district registry, affidavits shall be filed and proceedings shall be taken in the matter in the district registry.Order XXXIX – Selection of test suit
1. Staying several suits against the same defendant
Where two or more persons have instituted suits against the same defendant and those persons under the provisions of rule 1 of Order I of these Rules could have been joined as co-plaintiffs in one suit, upon the application of any of the parties the court may, if satisfied that the issues to be tried in each suit are precisely similar, make an order directing that one of the suits be tried as a test case, and staying all steps in the other suits until the selected suit shall have been determined, or shall have failed to be a real trial of the issues.2. Staying similar suits upon application by defendant
Where a plaintiff has instituted two or more suits, and under the provisions of rule 3 of Order I of these Rules the several defendants could properly have been joined as co-defendants in one suit, the court, if satisfied upon the application of a defendant that the issues to be tried in the suit to which he or she is a party are precisely similar to the issues to be determined in another of the suits, may order that the suit to which the defendant is a party be stayed until the other suit shall have been determined or shall have failed to be a real trial of the issues.Order XL – Arrest and attachment before judgment
1. Where defendant may be called upon to furnish security for appearance
2. Security
3. Procedure on application by surety to be discharged
4. Procedure where defendant fails to furnish security or find fresh security
Where the defendant fails to comply with any order under rule 2 or 3 of this Order, the court may commit him or her to prison until the decision of the suit, or, where a decree is passed against the defendant, until the decree has been satisfied; except that—5. Where defendant may be called upon to furnish security for production of property
6. Attachment where cause not shown or security not furnished
7. Mode of making attachment
Except as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.8. Investigation of claim to property attached before judgment
Where any claim is preferred to property attached before judgment, the claim shall be investigated in the manner hereinbefore provided for the investigation of claims to property attached in execution of a decree for the payment of money.9. Removal of attachment when security furnished or suit dismissed
Where an order is made for attachment before judgment, the court shall order the attachment to be withdrawn when the defendant furnishes the security required together with security for the costs of the attachment, or when the suit is dismissed.10. Attachment before judgment not to affect rights of strangers nor bar decree holder from applying for sale
Attachment before judgment shall not affect the rights existing prior to the attachment of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of the decree.11. Property attached before judgment not to be reattached in execution of decree
Where property is under attachment by virtue of the provisions of this Order, and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary, upon an application for execution of the decree, to apply for a reattachment of the property.12. Procedure under this Order
Applications under this Order shall be by summons in chambers.Order XLI – Temporary injunctions and interlocutory orders
1. Cases in which temporary injunction may be granted
Where in any suit it is proved by affidavit or otherwise—2. Injunction to restrain repetition or continuance of breach
3. Before granting injunction court to direct notice to opposite party
The court shall in all cases, before granting an injunction, direct notice of the application for the injunction to be given to the opposite party.4. Order for injunction may be discharged, varied or set aside
Any order for an injunction may be discharged, or varied, or set aside by the court on application made to the court by any party dissatisfied with the order.5. Injunction to corporation binding on its officers
An injunction directed to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action it seeks to restrain.6. Power to order interim sale
The court may, on the application of any party to a suit, order the sale, by any person named in the order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject matter of the suit, or attached before judgment in the suit, which is subject to speedy and natural decay, or which for other just and sufficient cause it may be desirable to have sold at once.7. Detention, preservation, inspection, etc. of property
8. Deposit of money, etc. in court
Where the subject matter of a suit is money or some other thing capable of delivery, and any party to the suit admits that he or she holds the money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order it to be deposited in court or delivered to such last-named party, with or without security, subject to the further direction of the court.9. Procedure under this Order
Applications under rules 1 and 2 of this Order shall be by summons in chambers; all other applications under this Order shall be by motion on notice.Order XLII – Appointment of receivers
1. Appointment of receivers
2. Remuneration of receivers
The court may, by general or special order, fix the amount to be paid as remuneration for the services of the receiver.3. Duties of receivers
Every receiver so appointed shall—4. Enforcement of receiver’s duties
Where a receiver—Order XLIII – Appeals to the High Court
1. Form of appeal
2. Grounds which may be taken in appeal
The appellant shall not, except by leave of the court, urge, or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the High Court in deciding the appeal shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the court under this rule; except that the High Court shall not rest its decision on any other ground unless the party who may be affected by the decision has had a sufficient opportunity of contesting the case on that ground.3. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the High Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be.4. Stay by High Court
5. security in case of order for execution of decree appealed from
6. No security to be required from the Government
No such security as is mentioned in rules 4 and 5 of this Order shall be required from the Government or where the Government has undertaken the defence of the suit or from any public officer sued in respect of an act alleged to be done by him or her in his or her official capacity.7. Exercise of powers in appeal from order made in execution of decree
The powers conferred by rules 4 and 5 of this Order shall be exercisable where an appeal may be or has been preferred not from the decree but from an order made in execution of the decree.8. Register of appeals
Where a memorandum of appeal is lodged, the High Court then shall cause to be endorsed on it the date of presentation, and the appeal shall be entered in a book to be kept for that purpose, to be called the register of appeals.9. High Court may require appellant to furnish security for costs
10. High Court to give notice to court where decree appealed from
11. Service of notice of day for hearing appeal
Notice of the day fixed for hearing of the appeal shall be served on the respondent or on his or her advocate in the manner provided for the service on a defendant of a summons to enter appearance; and all the provisions applicable to that summons, and to proceedings with reference to the service of the summons, shall apply to the service of the notice.12. Contents of notice
The notice to the respondent shall declare that if he or she does not appear in the High Court on the day so fixed, the appeal may be heard ex parte.13. Right to begin
14. Dismissal of appeal for appellant’s default
15. Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit costs
Where on the day fixed or on any other day to which the hearing may be adjourned it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within the period fixed, the sum required to defray the cost of serving the notice, the court may make an order that the appeal be dismissed; except that no such order shall be made although the notice has not been served upon the respondent if on any such day the respondent appears when the appeal is called on for hearing.16. Readmission of appeal dismissed for default
Where an appeal is dismissed under rule 14 or 15 of this Order, the appellant may apply to the High Court for the readmission of the appeal; and, where it is proved that he or she was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the court shall readmit the appeal on such terms as to costs or otherwise as it thinks fit.17. Power to adjourn hearing and direct persons appearing interested to be made respondents
Where it appears to the court at the hearing that any person who was a party to the suit in the court from whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result of the appeal, the court may adjourn the hearing to a future day to be fixed by the court and direct that that person be made a respondent.18. Rehearing on application of respondent against whom ex parte decree made
Where an appeal is heard ex parte and judgment is pronounced against the respondent, he or she may apply to the High Court to rehear the appeal; and if he or she satisfies the court that the notice was not duly served or that he or she was prevented by sufficient cause from appearing when the appeal was called on for hearing, the court shall rehear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him or her.19. Remand of cases by High Court
Where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point, and the decree is reversed on appeal, the High Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the court from whose decree the appeal is preferred, with directions to readmit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence, if any, recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.20. Where evidence on record sufficient High Court may determine case finally
Where the evidence upon the record is sufficient to enable the High Court to pronounce judgment, the High Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the High Court proceeds.21. Power to order new trial
If upon the hearing of an appeal it shall appear to the High Court that a new trial ought to be had, the High Court may, if it shall think fit, order that the judgment and decree shall be set aside, and that a new trial shall be had.22. Production of additional evidence in High Court
23. Mode of taking additional evidence
Wherever additional evidence is allowed to be produced, the High Court may either take the evidence or direct the court from whose decree the appeal is preferred or any other magistrate’s court to take the evidence and to send it when taken to the High Court.24. Points to be defined and recorded
Where additional evidence is directed or allowed to be taken the High Court shall specify the points to which the evidence is to be confined and record on its proceedings the points so specified.25. Where court consists of two or more judges
26. What judgment may direct
The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the decree in appeal shall take, or as to the order to be made in appeal, the High Court may pass a decree or make an order accordingly.27. Power of High Court on appeal
The High Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents although the respondents may not have filed any appeal or cross appeal.28. Preparation and contents of decree
The decree of the High Court shall be dated, drawn up, sealed and signed as directed by rules 6, 7, 8 and 9 of Order XXI of these Rules, with any necessary modifications.29. Copies of judgment and decree to be furnished to parties
Certified copies of the judgment and decree in appeal shall be furnished to the parties on application to the High Court and on payment of the requisite charges.30. Certified copy of decree to be sent to court whose decree appealed from
A copy of the judgment and of the decree, certified by the High Court, or such officer as it appoints for this purpose, shall be sent to the court which passed the decree appealed from, and shall be filed with the original proceedings in the suit, and an entry of the judgment of the High Court shall be made in the register of civil suits.31. Dismissal for want of prosecution
Order XLIV – Appeal from orders
1. Appeals from orders
2. Procedure under this Order
The rules of Order XLIII shall apply, so far as may be, to appeals from orders.Order XLV – Pauper appeals
1. Who may appeal as pauper; procedure on application for admission of appeal
Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as a pauper, subject in all matters, including the presentation of the application, to the provisions relating to suits by paupers insofar as those provisions are applicable; except that the court shall dismiss the application unless, upon a perusal of the memorandum of appeal and of the record of the lower court, it sees reason to think that the decree is contrary to law, or against the weight of the evidence.2. Inquiry into pauperism
The inquiry into the pauperism of the applicant may be made either by the High Court or under the orders of the High Court by the court from whose decision the appeal is preferred; except that if the applicant was allowed to sue or appeal as a pauper in the court from whose decree the appeal is preferred, no further inquiry in respect of his or her pauperism shall be necessary, unless the High Court sees cause to direct the inquiry.3. Procedure under this Order
Applications under this Order shall be made ex parte by summons in chambers.Order XLVI – Review
1. Application for review of judgment
2. To whom applications for review may be made
An application for review of a decree or order of a court, upon some ground other than the discovery of the new and important matter or evidence as is referred to in rule 1 of this Order, or the existence of a clerical or arithmetical mistake or error apparent on the face of the decree, shall be made only to the judge who passed the decree or made the order sought to be reviewed.3. Application where rejected, where granted
4. Application for review to be to same judge or judges
Where the judge or judges, or any one of the judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, the judge or judges or any of them shall hear the application, and no other judge or judges of the court shall hear the application.5. Application where rejected
6. Rehearing upon application granted
When an application for review is granted, a note of the application shall be made in the register, and the court may at once rehear the case or make such order in regard to the rehearing as it thinks fit.7. Bar of subsequent applications
No application to review an order made on an application for a review of a decree or order passed or made on a review shall be entertained.8. Procedure under this Order
Applications under this Order shall be by motion on notice.Order XLVII – Arbitration under order of a court
1. Parties to a suit may apply for arbitration
2. Appointment of arbitrator
The arbitrator shall be appointed in such manner as may be agreed upon between the parties.3. Form of order
4. Provisions where two or more arbitrators
5. Power to appoint arbitrator
6. Power of arbitrator or umpire appointed by court
Every arbitrator or umpire appointed under rule 4 or 5 of this Order shall have the like powers as if his or her name had been inserted in the order of reference.7. Summoning witnesses and default
8. Extension of time for making award
Where the arbitrators or umpire cannot complete the award within the period specified in the order, the court may, if it thinks fit, either allow further time, and from time to time, either before or after the expiration of the period fixed for the making of the award, enlarge the period; or may make an order superseding the arbitration, and in that case shall proceed with the suit.9. Where umpire may arbitrate in lieu of arbitrators
When an umpire has been appointed, he or she may enter on the reference in the place of the arbitrators—10. Award to be signed and filed
Where an award in a suit has been made, the persons who made it shall sign it and cause it to be filed in court together with any depositions and documents which have been taken and proved before them; and notice of the filing shall be given to the parties.11. Statement of special case by arbitrators or umpire
Upon any reference by an order of the court, the arbitrator or umpire may, and shall if so directed by the court, state the award as to the whole or any part of it in the form of a special case for the opinion of the court, and the court shall deliver its opinion on it, and shall order the opinion to be added to and form part of the award.12. Power to modify or correct award
The court may, by order, modify or correct an award—13. Order as to costs of arbitration
The court may make such order as it thinks fit respecting the costs of the arbitration where any question arises respecting the costs and whether the award purports to contain a sufficient provision concerning them or not.14. Where award or matter referred to arbitration may be remitted
The court may remit the award or any matter referred to arbitration to the reconsideration of the same arbitrator or umpire upon such terms as it thinks fit—15. Grounds for setting aside award
16. Judgment to be according to award
17. Forms
Forms 12 to 16 set forth in Appendix G, with such variations as the circumstances of each case require, shall be issued for the respective purposes mentioned in those forms.18. Procedure under this Order
Applications under rule 8 of this Order shall be by summons in chambers.Order XLVIII – District registries
1. Institution of suits in High Court
Every suit in the High Court may be instituted at the central office of that court situate in Kampala or in a district registry.2. Establishment of district registries and district registrars
There shall be district registries and district registrars of the High Court at such places and for such areas as the Chief Justice may from time to time by statutory order appoint.3. Title of suits filed in a district registry
Suits filed in a district registry shall be entitled as suits in “The High Court of Uganda at ____________ District Registry” and shall be serially numbered in that registry.4. Suits filed in a registry remain there when all defendants reside within that area
Where the defendant, or all the defendants (if more than one) reside and carry on business within the area in the district registry in which a suit has been instituted, all proceedings shall be taken in that registry subject to any order fixing the place of trial made by the court under rule 8 of this Order.5. A defendant not resident in the area may cause the removal of the suit to the central office
6. All preliminary steps taken before the district registrar
In a suit proceeding in a district registry all formal steps preliminary to the trial and all interlocutory applications shall, in the absence of a judge, be made and taken before the district registrar; and when the suit is ready for trial it may be set down for hearing before a judge sitting at the place of the registry.7. Appeal from decision of district registrar
8. Place of trial fixed by the court
9. Taxation in district registries
A district registrar with regard to suits entered in his or her registry shall have the same power of taxing costs as the registrar has as a taxing officer under any rules of court, and all such rules shall apply to the taxation of costs by a district registrar.10. Appeals from magistrates courts
Order XLIX – Miscellaneous
1. Process to be served at expense of party issuing; costs of service
2. Orders and notices, how served
All orders, notices and documents required by the Act to be given to or served on any person shall be served in the manner provided for the service of summons.3. Use of forms
The forms used for the purposes of the Act shall, with such variation as the circumstances of each case may require, be those to be found in the Appendices and such other forms as may be from time to time approved by the High Court.4. Rules of procedure not contained in these Rules
Any special rules of procedure not contained in these Rules which may have been or may be made by the High Court shall, where they conflict with these Rules, prevail and be deemed to govern the procedure in the matter mentioned in those special rules.5. Land values
In suits for the recovery of possession of land, the value of the subject matter of the suit shall be deemed not to exceed—Order L – Powers of registrars
1. General powers
Wherever in the Act or in the rules under the Act it is provided that any act or thing may be done by such officer as the court may appoint, that act or thing may be done by the registrar.2. Judgment in uncontested cases
In uncontested cases and cases in which the parties consent to judgment being entered in agreed terms, judgment may be entered by the registrar.3. Formal and interlocutory matters
All formal steps preliminary to the trial, and all interlocutory applications, may be made and taken before the registrar.4. Execution
Formal orders for attachment and sale of property and for the issue of notices to show cause on applications for arrest and imprisonment in execution of a decree of the High Court may be made by the registrar.5. Performance of undertakings, inspections, etc.
Whenever by or under any Act of Parliament or law for the time being in force any act, undertaking, inspection, proceeding or thing is to be carried out to the satisfaction of or in accordance with the directions of a judge or the High Court or a commissioner appointed to examine and adjust accounts, then and in any such case that act, undertaking, inspection, proceeding or thing may be carried out or done before or by the registrar or such other officer of the court as the judge or the High Court, as the case may be, shall generally or specially direct.6. Registrar deemed a civil court
For the purposes of rules 1, 2, 3 and 4 of this Order a registrar shall be deemed to be a civil court.7. Reference to High Court
If any matter appears to the registrar to be proper for the decision of the High Court the registrar may refer the matter to the High Court and a judge of the High Court may either dispose of the matter or refer it back to the registrar with such directions as he or she may think fit.8. Appeals
Any person aggrieved by any order of a registrar may appeal from the order to the High Court. The appeal shall be by motion on notice.9. Registers and accounts
The registrar shall register all orders and judgments and shall keep a record of all proceedings of the court, and shall have custody and keep an account of all fees and fines payable or paid into court, and of all monies paid into or out of court, and shall enter an account of all such fees, fines and monies as and when received in a book belonging to the court, to be kept by him or her for that purpose, and shall from time to time, as required by the Auditor General or as may be directed by the court, submit his or her accounts to be audited and settled by the Auditor General, and shall pay to the secretary to the Treasury the amount of fines, fees and other monies in his or her custody at such intervals as the secretary to the Treasury may direct.Order LI – Time
1. Month means calendar month
Whereby these Rules or by any judgment or order given or made the time for doing any act or taking any proceedings is limited by months, and where the word “month” occurs in any document which is part of any legal procedure under these Rules, such time shall be computed by calendar months unless otherwise expressed.2. Exclusion of Sundays, etc.
Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Sunday, Christmas Day, Good Friday, and any other day appointed as a public holiday shall not be reckoned in the computation of the limited time.3. Time expiring on Sunday or close day
Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof the act or proceeding cannot be done or taken on that day, that act or proceeding shall, so far as regards the time of doing or taking the act or proceeding, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.4. Time expiring between 24th December and 15th January
Unless otherwise directed by the court, the period between the 24th day of December in any year and the 15th day of January in the year following, both days inclusive, shall not be reckoned in the computation of the time appointed or allowed by these Rules for amending, delivering or filing any pleading or for doing any other act; except that this rule shall not apply to any application for an interim injunction, or to any business classified by the registrar or by a magistrate’s court as urgent.5. Time for giving security for costs—when not to be reckoned
The day on which an order for security for costs is served, and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of time allowed to plead, answer interrogatories, or take any other proceedings in the cause or matter.6. Power to enlarge time
Where a limited time has been fixed for doing any act or taking any proceedings under these Rules or by order of the court, the court shall have power to enlarge the time upon such terms, if any, as the justice of the case may require, and the enlargement may be ordered although the application for it is not made until after the expiration of the time appointed or allowed; except that the costs of any application to extend the time and of any order made on the application shall be borne by the parties making the application, unless the court shall otherwise order.7. Enlargement of time by consent
The time for delivering, amending or filing any pleading, answer or other document may be enlarged by consent in writing of the parties or their advocates without application to the court.8. Number of days—how computed
In any case in which any particular number of days not expressed to be clear days is prescribed under these Rules or by an order or direction of the court, the days shall be reckoned exclusively of the first day and inclusively of the last day.9. Time of day of service
Order LII – Motions and other applications
1. Procedure under this Order
All applications to the court, except where otherwise expressly provided for under these Rules, shall be by motion and shall be heard in open court.2. Notice to parties
No motion shall be made without notice to the parties affected by the motion; except that the court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparale or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as to the court may seem just, and any party affected by the order may move to set it aside.3. Contents of notice
Every notice of motion shall state in general terms the grounds of the application, and, where any motion is grounded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion.4. Dismissal or adjournment for want of notice
If upon the hearing of any motion or other application, the court is of opinion that sufficient notice has not been given or that any person to whom notice has not been given ought to have had the notice, the court may either dismiss the motion or application or adjourn the hearing of it in order that the notice may be given upon such terms, if any, as the court may think fit to impose.5. Adjournment of hearing
The hearing of any motion or application may from time to time be adjourned upon such terms as the court shall think fit.6. Service of notice on defendant served with summons to enter appearance but not appearing
A plaintiff may, without special leave, cause to be served any notice of motion or notice of any petition or summons upon any defendant who, having been duly served with a summons to enter an appearance, has failed to appear within the time limited for that purpose.7. Summons to be heard in chambers
All applications by summons shall be in chambers and, if supported by affidavit, a copy of any affidavit or affidavits relied upon shall be attached to each copy of the summons directed to be served.8. Transfer from court to chambers
Notwithstanding anything in these Rules, the court may in any case direct that any business be disposed of in chambers which it shall think may be more conveniently disposed of in chambers than in court.9. Costs
Where any application which by these Rules is authorised to be made in chambers is made in court, any additional costs occasioned thereby shall be borne and paid by the party making the application, unless the court shall otherwise order.10. Transfer from chambers to court
Any judge may adjourn into court any application made to him or her in chambers which he or she shall deem more convenient to be considered in court.History of this document
31 December 2023 this version
Consolidation
31 May 2019
Amended by
Civil Procedure (Amendment) Rules, 2019
31 December 2000
Consolidation
Cited documents 3
Ordinance 2
| 1. | Civil Procedure Act | 2 citations |
| 2. | Uganda Citizenship Act | 1 citation |
Statute 1
| 1. | Judicature Act | 23 citations |