There are many people in\r\nUganda today who do not know how to protect their rights simply because they\r\ndon’t know how to institute a civil suit.
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The fundamental human right\r\nto a fair hearing by an independent and impartial court or tribunal is\r\nenshrined in Article 28 of the 1995 Constitution. However for a person to take full advantage\r\nof this law, it is necessary to know the legal obligations and legal rights\r\nunder the civil procedure rules of Uganda:
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Rights\r\nand Responsibilities at commencement of a suit:
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1. A\r\nplaintiff is entitled to file a claim in a court with jurisdiction to determine\r\nthe dispute between the parties. The plaint gives particulars of claim, when\r\nthe claim arose, where it arose, and a request for appropriate relief.
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2. The\r\nplaintiff has a duty to pay prescribed fees which fees must be paid into a bank\r\nafter obtaining the assessment from the court cashier. It is after payment of\r\nfees that the plaint is formally received by court and a receipt is issued.
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3. A\r\nplaintiff who cannot afford to pay prescribed fees may make a written request\r\nto the magistrate or registrar for waiver of fees with proof by affidavit of\r\nfinancial inability to pay.
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4. A\r\nplaintiff must be informed of the prescribed 21 days within which service of\r\nsummons or court process is to be returned.
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5. Service\r\nof all documents signed and sealed by a magistrate or registrar, is effected by\r\ncourt process server or court clerk.
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6. A\r\ndefendant must be informed of the 14 days within which a defense must be filed\r\nin court. The defense may admit the claim or deny the claim.
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7. A\r\nhearing date is obtained by a written request for a hearing date. A hearing\r\nnotice will be signed and sealed for that purpose.
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8. A\r\nparty to a case has a duty NOT to offer inducement or tips or any illegal\r\npayment to a court official or judicial officer. Such conduct constitutes and\r\noffence under the Anti-corruption Act No. 2009 and is punishable by\r\nimprisonment.
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9. A\r\nparty to a case has a right to refuse to make any illegal payment to a court official\r\nand to report such an official to the Resident Judge, Deputy Registrar or Chief\r\nMagistrate in charge of that circuit.
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10. A\r\nwritten complaint can also be made to the Inspector of Courts, the Chief\r\nRegistrar, or Registrar High Court, who are all based at the High Court, Plot\r\n2, The Square, Kampala (off the City Square) or P.O.Box 7085, Kampala.
