This Statute was repealed on 2006-06-08 by Local Council Courts Act, 2006.
Executive Committees (Judicial Powers) Act
- Commenced on 22 January 1988
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Repealed by Local Council Courts Act, 2006 on 8 June 2006]
1. InterpretationIn this Act, unless the context otherwise requires—(a)“advocate” has the meaning ascribed to it by the Advocates Act;(b)“chairperson” means the chairperson of an executive committee;(c)“chief” means chief within the meaning of the Local Governments Act;(d)“chief magistrate” has the meaning ascribed to it by the Magistrates Courts Act;(e)“court” means the executive committee court established under section 2;(f)“customary law” means the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation;(g)“executive committee” and “local government council” have the meanings ascribed to them under the Local Governments Act;(h)“language of the court” means the language that the court may determine to be its language;(i)“Minister” means the Minister responsible for the judiciary;(j)“sign” and “countersign” shall include affixing a thumbmark or a mark; and(k)“village”, “parish” and “subcounty” mean “village”, “parish” and “subcounty” within the meaning of the Local Governments Act.
Establishment of executive committee courts
2. Establishment of executive committee courtsThe executive committees in every village, parish, and subcounty are established as courts.
3. Composition of executive committee courtsAn executive committee court shall consist of the members of the executive committee of the village, parish or subcounty.
4. Sitting of the court
6. Special criminal jurisdiction of village committee courts in relation to children
7. Where to institute suits
8. Objections to jurisdictionWhere a defendant objects to the jurisdiction of the court, the case shall, if the objection is upheld, be referred to a higher court; and if the objection is rejected the court shall record the objection and its reasons for rejecting it, and proceed with the trial of the case.
9. Powers of courtThe court may make an order for any one or more of the following reliefs—
10. Institution of civil proceedings
11. Notice of claim to be served on parties
12. Institution of proceedings in respect of breach of byelaws
13. Witness summons
14. Representation by nominee
15. Appearance by a corporationAppearance before a court by a corporation shall be by an officer of the corporation or any other person appointed by the corporation for that purpose.
16. Language of court, etc.
17. Record of court proceedings
18. Court to be open, etc.
19. Parties to be informed of their right to appealAfter delivering its decision, the court shall inform the parties of their right to appeal.
20. Res judicataNo court shall try any suit or issue in which the matter directly and substantially in issue has been heard and finally determined in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, by a court competent to try such suit or issue.
21. CompensationSubject to section 5, where the court decides to award compensation it shall order the defendant to give such property or cash as the court may deem to be the equivalent of the complainant’s property or right which was damaged, lost or injured.
22. RestitutionWhere the court makes an order for restitution, the defendant shall return the property in question to the person entitled to it.
23. Attachment and sale, warrant, etc.
24. Restriction on attachments and sales
25. Application of proceeds of saleWhere a sale has been effected under section 23, the proceeds of sale shall be applied to satisfy the costs of the sale, if any, and the judgment debt; and the balance, if any, shall be given to the owner of the property sold.
26. Where debtor has no propertyWhere the judgment debtor has no property for attachment and sale for satisfaction of the judgment debt and the court is of the opinion that the judgment debtor is otherwise able to pay but has deliberately refused or neglected to pay the judgment debt, the court shall refer the judgment debtor to the chief magistrate of the area with recommendations that the judgment debtor be committed to civil custody.
27. Stay of execution
29. Lodging of appeal
30. Witnesses in appellate court, etc.On the application of either party to an appeal, or on its own motion, an appellate court may, if in its opinion it would be in the interests of justice to do so, call such witnesses and receive such additional evidence as it may in its discretion determine or may hear the case de novo.
31. Powers of appellate court
32. Chief magistrate’s supervisory powersThe general powers of supervision over magistrates courts conferred upon the High Court by the Judicature Act may be exercised by the High Court over the executive committee courts.
33. Protection of committee members
34. Amendment of SchedulesThe Minister may, by statutory order, amend any Schedule to this Act.
35. RegulationsThe Minister may, by statutory instrument, make regulations generally for better carrying out the purposes of this Act, and without prejudice to the generality of the foregoing—
36. Transitional provisionNo court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit or proceeding between the same parties, or between parties under whom they or any of them claim, litigating under the same title, where such suit or proceeding is pending in any other court having original or appellate jurisdiction in Uganda to grant the relief claimed.
37. Delegation of powers
38. Consequential amendmentNotwithstanding section 207 of the Magistrates Courts Act, the jurisdiction of a chief magistrate for the trial and determination of the causes and matters specified in Part 2 of the First Schedule to this Act shall be unlimited.
History of this document
08 June 2006
Repealed by Local Council Courts Act, 2006
22 January 1988