Uganda Act or statute

Parliament of Uganda

Local Council Courts Act

Jurisdiction: Uganda
Structure: 46 provisions
Citation: Chapter 18
Dates: As at 31 Dec 2023

More statute details

Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act (for example: “advocate”, “appellate court”, “chairperson”, “chief magistrate”, “council”, “currency point”, “customary law”, “local council court”, “Minister”, “sign”, and local government area terms).”

This section provides definitions of terms used in the Act (for example: “advocate”, “appellate court”, “chairperson”, “chief magistrate”, “council”, “currency point”, “customary law”, “local council court”, “Minister”, “sign”, and local government area terms). A local council court is established at every village, parish, town, division and subcounty level. Local council courts are composed as follows: village or parish courts consist of all members of the executive committee of the village or parish; town, division or subcounty courts consist of five members appointed by the respective council on recommendation of the executive committee; and at least two members of town/division/subcounty courts must be women. Sets eligibility requirements for persons to be appointed members of town, division or subcounty local council courts. Local council courts must elect a chairperson and vice chairperson from among themselves; the vice must be of the opposite sex to the chair; the vice performs chair functions when the chair is unable and assumes the office if the chair dies, resigns or is removed; the secretary is the town clerk or subcounty chief (or a designated officer) and must not take part in decision making.

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Interpretation - Interpretation

Section 1

Operation of local council courts - Legal jurisdiction

Section 9

Institution of proceedings in respect of breach of byelaws - Institution of proceedings for breach of byelaws

A person with reasonable and probable cause may complain to the local council court; complaints may be oral or written and signed; if oral, the chairperson, secretary or an appointed person must reduce it to writing and have it signed by the complainant.

Section 17

Miscellaneous - Court to be open

A local council court must sit for hearings during daylight hours; it may order that the public generally or particular persons be excluded from the room, building or place used by the court when it considers this necessary during trial.

Section 35

Miscellaneous - Jurisdiction of chief magistrates for matters under Schedule 3

A chief magistrate has unlimited jurisdiction to try and determine the causes and matters listed in Schedule 3 to this Act.

Section 46

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Showing 46 of 46 provisions

Provision 38Offence 4InterpretationCommencement

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Section Interpretation Section In this Act unless the context otherwise requires— “ advocate ” has the meaning given to it by the Advocates Act ; “ appellate court ” means a court to which an appeal is made under this Act; “ chairperson ” means a chairperson of a local council court and “ vice chairperson ” shall be construed accordingly; “ chief magistrate ” has the meaning given to it by the Magistrates Courts Act ; “ council ” includes all councils referred to in sections 3 and 47 of the Local Governments Act ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ 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; “ local council court ” means the local council courts established by section 2 ; “ Minister ” means the Minister responsible for local government; “ sign ” and “ counter sign ” include affixing a thumb print or mark; “ village ”, “ parish ”, “ town ”, “ division ” and “ subcounty ” have the meanings assigned to them in the Local Governments Act .

Section 1Verify source

Part II

Establishment and composition of local council courts

§ 2Establishment and composition of local council courts - Establishment of local council courtsProvision

A local council court is established at every village, parish, town, division and subcounty level.

Section Establishment of local council courts Section There is established a local council court at every village , parish, town, division and subcounty level.

Section 2Verify source

§ 3Establishment and composition of local council courts - Composition of local council courtsProvision

Local council courts are composed as follows: village or parish courts consist of all members of the executive committee of the village or parish; town, division or subcounty courts consist of five members appointed by the respective council on recommendation of the executive committee; and at least two members of town/division/subcounty courts must be women.

Section Composition of local council courts Section The local council court of a village or parish shall consist of all members of the executive committee of the village or parish. The local council court of a town, division or subcounty shall consist of five members appointed by the town council , division council or subcounty council on the recommendation of the respective executive committee. At least two members of the town , division or subcounty local council court shall be women.

Section 3Verify source

§ 4Establishment and composition of local council courts - Qualifications of members of local council courtProvision

Sets eligibility requirements for persons to be appointed members of town, division or subcounty local council courts.

Section Qualifications of members of local council court Section For any person to be appointed a member of a town , division, or subcounty local council court , that person shall— be a resident of the area of jurisdiction of the council for which the court is appointed; be a person of high moral character and proven integrity; be knowledgeable in the common local language of the community in question and in English; not be a member of a local council , a member of Parliament or a member of a statutory body; and not be a member of another local council court .

Section 4Verify source

§ 5Establishment and composition of local council courts - Chairperson and secretary to town, division and subcounty local council courtProvision

Local council courts must elect a chairperson and vice chairperson from among themselves; the vice must be of the opposite sex to the chair; the vice performs chair functions when the chair is unable and assumes the office if the chair dies, resigns or is removed; the secretary is the town clerk or subcounty chief (or a designated officer) and must not take part in decision making.

Section Chairperson and secretary to town, division and subcounty local council court Section A town , division and subcounty local council court shall elect a chairperson and a vice chairperson from among themselves. The vice chairperson shall be a woman if the chairperson is a man and vice versa if the chairperson is a woman. Whenever the chairperson is for any reason, unable to perform the functions of the chairperson , the vice chairperson shall perform those functions until the chairperson is able to perform those functions. If the chairperson dies, resigns or is removed from office under this Act, the vice chairperson shall assume the office of the chairperson until a new chairperson is elected by the council and the new chairperson assumes office. The secretary to the local council court at the town council , division council or subcounty council shall be the town clerk or subscounty chief or an officer designated to be secretary by the town clerk or subcounty chief. The secretary shall not take part in the decision making of the court.

Section 5Verify source

§ 6Establishment and composition of local council courts - Vacation of office by member of town, division or subcounty local council courtOffence

A council can remove a member of a town, division or subcounty local council court by a resolution supported by at least two-thirds of members present on specified grounds; the office also falls vacant on resignation, disqualification, death, or certain absences; chairperson must notify the executive committee which must recommend a replacement; members serve the council's term and may be reappointed.

Section Vacation of office by member of town, division or subcounty local council court Section A member of a town , division or subcounty local council court may, on the recommendation of the relevant executive committee, be removed from office by a resolution of the council supported by not less than two-thirds of the council members present on any of the following grounds— The office of member of the town , division or subcounty local council court shall fall vacant if— abuse of office; corruption; if the member is continuously and persistently unable to discharge the functions of the court; if the member is convicted by a court of competent jurisdiction for a criminal offence specified in the Penal Code Act or any other written law if punishable by not less than six months imprisonment with or without an option of a fine; misconduct or misbehaviour; if a member has such physical or mental incapacity that renders the member incapable of performing the functions of the court as determined by the medical board as specified in section 14 of the Local Governments Act . the member resigns office by writing signed by him or her addressed to the chairperson of the court and, in the case of the chairperson of the court, addressed to the chairperson of the respective council ; the member is disqualified from membership under section 4 ; a member dies; or a member has been absent for three consecutive court sittings, unless such a member has grounds acceptable to the court. Where a vacancy occurs, the chairperson of the court or, if the vacancy is in the office of chairperson , the chairperson of the respective council , shall notify the executive committee of the council and the executive committee shall recommend another person in place of that member to be appointed by the council . Members of a local council court shall hold office for the term of the council and shall be eligible for re-appointment. Section 49 of the Local Governments Act shall apply to the vacation of office of a member of the village or parish local council court .

Section 6Verify source

Part III

Operation of local council courts

§ 10Operation of local council courts - Where to institute suitsCommencement

Suits must be instituted in the village local council court that has jurisdiction where the defendant resides at the start of the suit, where the cause of action arises, or where immovable property is situated; suits are to be received by the chairperson (or by the vice chairperson if the chairperson is absent).

Section Where to institute suits Section Every suit shall be instituted in the first instance in a village local council court , if that court has jurisdiction in the matter, within the area of whose jurisdiction— the defendant actually resides at the time of the commencement of the suit; where the cause of action in whole or in part arises; or in the case of a dispute over immovable property, where the property is situated. Subject to this Act, every suit shall be received by the chairperson and in the absence of the chairperson , by the vice chairperson .

Section 10Verify source

§ 11Operation of local council courts - Objection to jurisdiction by defendantProvision

If a defendant objects to the jurisdiction of the local council court and the objection is rejected, the local council court must record the objection and its reasons and continue the trial; if the objection is upheld, the case must be referred to a court with jurisdiction.

Section Objection to jurisdiction by defendant Section Where a defendant objects to the jurisdiction of the local council court , the case shall, if the objection is upheld, be referred to a court having jurisdiction to hear and determine the case; and if the objection is rejected the local council court shall record the objection and its reasons for rejecting it, and proceed with the trial of the case.

Section 11Verify source

§ 12Operation of local council courts - Powers of courtOffence

A local council court may order specified reliefs (reconciliation, declaration, compensation, restitution, costs, apology, attachment and sale) and, for byelaw or ordinance infringements, may impose fines, community service or other authorised penalties.

Section Powers of court Section Without prejudice to any other powers, a local council court may make an order for any one or more of the following reliefs— reconciliation; declaration; compensation; restitution; costs; apology; or attachment and sale. In the case of infringement of a byelaw or ordinance, a local council court may impose a fine, community service or any other penalty authorised by that byelaw or ordinance.

Section 12Verify source

§ 7Operation of local council courts - Sitting area of court, etc.Provision

Establishes where and how local council courts sit, quorum composition for different council types, maintenance of quorum, decision-making by consensus or majority, and presiding officers.

Section Sitting area of court, etc. Section The quorum of the court at any sitting shall be— A local council court may be held at a designated place within the limits of its jurisdiction for the convenient and speedy discharge of its business. The chairperson of the court shall preside at the sittings of the court and in the absence of the chairperson , the vice chairperson shall preside. A local council court shall sit as often as the business of the court requires for the speedy discharge of cases. in the case of a village or parish, five members including the person presiding, two of whom shall be women; and in the case of a town , division or subcounty, three members including the person presiding, one of whom shall be a woman. The quorum shall be maintained throughout the court sitting. If the quorum is lost for any reason, the court shall adjourn to another time. Every question arising before a local council court shall be determined by consensus; and in the absence of a consensus shall be determined by a majority of votes of the members sitting by show of hands. Where the votes are equal, the chairperson shall have a casting vote. Subject to the provisions of this section the judgment of the court shall be made by the chairperson and the members of the court who were present throughout the hearing of the evidence relating to that case.

Section 7Verify source

§ 8Operation of local council courts - Territorial jurisdiction of local council courtsProvision

A local council court's jurisdiction is limited to causes and matters arising within its council's territorial area, and also to matters elsewhere if the defendant or accused ordinarily resides in that area.

Section Territorial jurisdiction of local council courts Section Subject to the provisions of this Act and any other written law, the jurisdiction of a local council court shall extend only to causes and matters arising within the territorial area of the council for which the court is established and to causes and matters arising elsewhere if the defendant or accused is ordinarily resident within that area.

Section 8Verify source

§ 9Operation of local council courts - Legal jurisdictionProvision

Local council courts have jurisdiction over causes and matters in Schedules 2 and 3; Schedule 2 jurisdiction is limited to disputes where the subject-matter value does not exceed 100 currency points; Schedule 3 jurisdiction is not monetarily limited; if a court awards compensation over 25 currency points it must refer the case to the chief magistrate, who may reduce grossly excessive awards.

Section Legal jurisdiction Section Subject to the provisions of this Act and of any other written law, every local council court shall have jurisdiction for the trial and determination of— In any suit relating to causes and matters specified in Schedules 2 and 3 to this Act— causes and matters of a civil nature specified in Schedule 2 to this Act; causes and matters of a civil nature governed only by customary law specified in Schedule 3 to this Act; causes and matters arising out of infringement of byelaws and ordinances duly made under the Local Governments Act ; matters specified under the Children Act; matters relating to land. the jurisdiction of the local council court shall, in respect of causes and matters specified in Schedule 2 to this Act be restricted to causes and matters where the value of the subject matter in dispute does not exceed one hundred currency points; and the jurisdiction of the court in respect of causes and matters specified in Schedule 3 to this Act shall not be restricted by the monetary value of the subject matter in dispute. In any suit relating to causes and matters specified in Schedules 2 and 3 to this Act, where the court awards compensation exceeding twenty-five currency points, the court shall refer the case to the chief magistrate of the area for the purposes of execution of the order and the chief magistrate may, if he or she finds that the judgment award is grossly excessive, reduce the amount of the award, taking into account awards in similar cases.

Section 9Verify source

Part IV

Institution of civil proceedings

§ 13Institution of civil proceedings - Institution of civil proceedingsProvision

A civil suit must be started by the claimant stating the nature of the claim and relief to the chairperson; the claimant must sign claims (oral claims are to be written down, read, and signed) and the chairperson convenes the court after fixing a hearing date. "Sign" includes a thumb print.

Section Institution of civil proceedings Section A civil suit shall be instituted by stating to the chairperson the nature of the claim against the defendant and the relief sought by the claimant. Every claim shall be signed by the claimant, but if made orally, shall be reduced into writing by the chairperson , secretary or a person appointed by the local council court for the purpose, and when reduced into writing shall be read to the claimant and shall be signed by the claimant and counter-signed by the chairperson . The statement of claim shall be filed and a date for the hearing of the case fixed and the court shall be convened by the chairperson for the purpose. For the avoidance of doubt, in this section in the case of a person who is unable to sign his or her name “ sign ” includes affixing of a thumb print.

Section 13Verify source

§ 14Institution of civil proceedings - Notice of claim to be served on partiesProvision

The chairperson (or other person on filing the statement under section 13(3)) must serve a notice of claim on the defendant; the chairperson must serve summons on claimant and defendant to attend court; the chairperson may summon orally, and any person who orally informs must be accompanied by a witness.

Section Notice of claim to be served on parties Section Where it is not practicable to effect personal service of the summons or notice in the manner provided under this section, service of the summons or notice may be made on the claimant or defendant, with leave of court— On filing the statement under section 13(3) , the chairperson or other person shall cause a notice of the claim to be served upon the defendant. The chairperson shall cause summons to be served on the claimant and the defendant requiring them to attend the court at the time and place specified in the summons for the hearing of the case, and the summons shall be substantially as set out in Form A in Schedule 4 to this Act. The chairperson may cause the claimant or defendant to be summoned orally by informing him or her that he or she is summoned, but the person who orally informs the claimant or defendant shall be accompanied by a witness for that purpose. by leaving the duplicate for him or her with an adult member of his or her family or with any other adult person ordinarily residing with him or her; or by affixing the duplicate to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons or notice shall be deemed to have been duly served.

Section 14Verify source

§ 15Institution of civil proceedings - Representation by nomineeProvision

The local council court may allow a nominated person or someone in charge of the party or their property to represent a party who cannot appear due to mental or physical incapacity; parties generally may not be represented by an advocate except in proceedings about infringement of byelaws.

Section Representation by nominee Section Where the party is unable to appear in court due to mental or physical incapacity, the local council court may, on being satisfied that a person has been nominated by that person or is in charge of that person or his or her property, allow that person to represent him or her in court. For the avoidance of doubt, no party to proceedings before a local council court may be represented by an advocate except in proceedings dealing with the infringement of byelaws.

Section 15Verify source

§ 16Institution of civil proceedings - Appearance by corporationProvision

A corporation must appear before a local council court by an authorised officer or a person appointed in writing by the corporation.

Section Appearance by corporation Section Appearance before a local council court by a corporation shall be by an authorised officer of the corporation or any other person appointed in writing by the corporation for the purpose.

Section 16Verify source

Part IX

Remedies

§ 24Remedies - CompensationProvision

If the local council court decides to award compensation, it must order the defendant to give property or cash equal to the complainant’s damaged, lost or injured property or right.

Section Compensation Section Subject to the provisions of this Act, where the local council court decides to award compensation, it shall order the defendant to give such property or cash as the court may consider to be the equivalent of the complainant’s property or right which was damaged, lost or injured.

Section 24Verify source

§ 25Remedies - RestitutionProvision

If the local council court orders restitution, the defendant must return the property to the person entitled to it.

Section Restitution Section Where the local council court makes an order for restitution, the defendant shall return the property in question to the person entitled to it.

Section 25Verify source

§ 26Remedies - Attachment and sale, warrant, etc.Provision

Local council court must order attachment and sale only of the judgment debtor's property and must give the debtor notice; certain listed persons are not eligible to bid at such sales.

Section Attachment and sale, warrant, etc. Section The following persons shall not be eligible to bid for any property under sale effected under this section— Where the local council court orders execution of a judgment by attachment and sale of any property, the court shall order the attachment and sale of only the property belonging to the judgment debtor and shall give the judgment debtor notice of the order. A sale of property under this section shall, subject to subsection (3) , be by public auction, conducted by a person appointed by the local council court . a person conducting the sale; a member of the relevant executive committee or the local council court , whether or not he or she was a member of the court which heard the case or ordered the sale; and a member of the household or a business partner of the person conducting the sale or of a member of the executive committee or the local council court . A warrant of attachment and sale issued under this Act shall be substantially as set out in Form C in Schedule 4 to this Act.

Section 26Verify source

§ 27Remedies - Restrictions on attachments and salesProvision

The local council court may not order attachment and sale of specified property categories except where conditions in the text apply.

Section Restrictions on attachments and sales Section The local council court shall not order the attachment and sale of a judgment debtor’s property without first giving the judgment debtor an opportunity to give reasons for failure to pay. The local council court shall not order the attachment and sale of the property of an incorporated company unless the company is itself the judgment debtor. The local council court shall not order the attachment and sale of the property of a partnership without due notice being given to all the partners. The local council court shall not order the attachment and sale of a matrimonial home or a kibanja .

Section 27Verify source

§ 28Remedies - Application of proceeds of saleProvision

If a sale has been effected under section 26, the proceeds are to be applied to pay the costs of the sale and the judgment debt, and any remaining balance is to be given to the former owner of the property sold.

Section Application of proceeds of sale Section Where a sale has been effected under section 26 , the proceeds of the 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 former owner of the property sold.

Section 28Verify source

§ 29Remedies - Where debtor has no propertyProvision

If the local council court believes a judgment debtor can pay but has deliberately refused or neglected to do so, the court must refer the debtor to the area chief magistrate recommending commitment to civil custody.

Section Where debtor has no property Section Where the judgment debtor has no property for attachment and sale for satisfaction of the judgment debt and the local council 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.

Section 29Verify source

§ 30Remedies - Stay of executionProvision

An appeal operates as a stay of execution; the local council court may, on application by the judgment creditor, order execution to proceed if a further stay would defeat the ends of justice.

Section Stay of execution Section No order shall be made for execution of a judgment or order of the local council court until the period allowed for lodging an appeal under this Act has expired without an appeal being lodged. Where an appeal is lodged, the appeal shall operate as a stay of execution until final disposal of the appeal. The local council court with which the appeal was lodged may, on application of the judgment creditor, order the execution to proceed if in the opinion of the court a further stay of execution would defeat the ends of justice.

Section 30Verify source

Part V

Institution of proceedings in respect of breach of byelaws

§ 17Institution of proceedings in respect of breach of byelaws - Institution of proceedings for breach of byelawsOffence

Section Institution of proceedings for breach of byelaws Section A person who has reasonable and probable cause to believe that an offence has been committed by any person through a breach of byelaws, may make a complaint to the local council court ; and that complaint may be made orally or in writing, signed by the complainant; but if made orally, shall be reduced into writing by the chairperson or the secretary of the court or a person appointed by the chairperson and then signed by the complainant. The validity of any proceedings instituted under subsection (1) shall not be affected by any defect in the charge or complaint.

Section 17Verify source

§ 18Institution of proceedings in respect of breach of byelaws - Charge sheetOffence

The chairperson or secretary must draw up a charge sheet with particulars when satisfied a prima facie case exists; the charge sheet must be read and signed, and where drawn the chairperson must issue summons and convene the court.

Section Charge sheet Section The chairperson or secretary of a local council court , upon receiving the complaint and on being satisfied that a prima facie case has been established, shall draw up or cause to be drawn up a charge sheet containing particulars of the person accused and the date, place and nature of the alleged offence; and the charge sheet shall be read to the complainant and dated and signed by the complainant and counter-signed by the chairperson or secretary, as the case may be. Where a charge sheet has been drawn, the chairperson shall issue summons to compel the attendance of the accused person before the local council court on a date specified in the summons and shall convene the court for the purpose of the hearing.

Section 18Verify source

Part VI

Summons of witnesses

§ 19Summons of witnesses - Witness summonsProvision

Procedures for witness summonses: summons to witnesses must be served; witnesses must acknowledge receipt; the chairperson may summon orally; the local council court may issue a warrant to compel attendance if proper service is proved.

Section Witness summons Section Any witness who having been summoned to give evidence or to produce any document before a local council court — Prior to the date fixed for the hearing of a case, summons shall be served on any person requiring attendance of that person as a witness at the time and place specified in the summons as may be required. Every witness summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him or to her a duplicate of the summons at the same time producing, if so required, the original. The witness summons shall be substantially as set out in Form B in Schedule 4 to this Act. The chairperson may cause a witness to be summoned orally in the manner provided in section 14(3) for summoning a claimant or defendant. Every person upon whom a witness summons is served shall sign or put his or her mark, in recognition of receipt of the summons, upon the back of the original copy; and if he or she refuses to do so, the person who has effected service of the summons shall record the refusal in writing. Where, without sufficient excuse, a witness does not appear in obedience to the summons, the local council court , on proof of the proper service of the summons in reasonable time before the hearing date, may issue a warrant ordering the police force to bring him or her before the court at a time and place specified in the summons in order to give evidence and after that the witness shall be discharged. without lawful excuse, refuses to give evidence before the local council court or refuses or wilfully fails to produce any document in his or her possession when requested to do so by the local council court ; gives before a local council court evidence which he or she knows to be false in a material particular,

Section 19Verify source

Part VII

Records of proceedings

§ 20Records of proceedings - Language of courtProvision

If any party does not understand the court's language, the court must provide an interpreter.

Section Language of court Section Subject to subsections (2) and (3) , the proceedings of the local council court and the records of those proceedings shall be in the language of the court, which shall be the language widely spoken in the area of jurisdiction. Where any of the parties does not understand the language of the local council court , the court shall provide an interpreter. Notwithstanding subsection (1) , the record of proceedings in a town, division or subcounty local council court shall be in English.

Section 20Verify source

§ 21Records of proceedings - Records of proceedingsProvision

Parish, town, division and subcounty local council courts must keep written records of proceedings; village local council courts must keep records and may co‑opt a person to record when necessary; a co‑opted person has no voting powers.

Section Records of proceedings Section The records kept under this section shall include the following particulars and documents— A parish , town, division or subcounty local council court shall keep records of its proceedings in writing. A village local council court shall keep records of all court proceedings and, where necessary, may co-opt a person for the purpose of recording the proceedings. the serial number of the case; the statement of claim; the date of witness summons; the date of hearing of the case; the names and addresses of the claimant and his or her witnesses; the names and addresses of the defendant and his or her witnesses; a brief description of the case; the documentary exhibits, if any; the judgment or final orders of the court and the date of the judgment or final orders; the date of payment of the judgment debt; and the particulars of execution of the judgment, if any. A person co-opted under subsection (2) shall have no voting powers. At the hearing of a case in a town , division or subcounty local council court , whether sitting as an original or appellate court , a summary of the evidence given by each person shall be recorded separately.

Section 21Verify source

Part VIII

Rules of procedure and principles of natural justice

§ 22Rules of procedure and principles of natural justice - Technical rules of evidence or procedureProvision

A local council court must hear every case before it promptly and should not be bound by technical rules of evidence or procedure, subject to the Act.

Section Technical rules of evidence or procedure Section Subject to the provisions of this Act a local council court shall hear every case before it expeditiously and without undue regard to technical rules of evidence or procedure.

Section 22Verify source

§ 23Rules of procedure and principles of natural justice - Principles of natural justiceProvision

The local council court must act impartially, follow the rules of natural justice, and ensure parties get notice, an opportunity to be heard, the chance to call witnesses and adduce evidence; any member with an interest must not hear the case.

Section Principles of natural justice Section In exercising its jurisdiction, the local council court shall be guided by the principle of impartiality without fear or favour and shall adhere to the rules of natural justice and, in particular, shall ensure that— each party is given an opportunity to be heard; each party is given notice of the proceedings and of the case against him or her; each party is accorded ample opportunity to call witnesses and to adduce such evidence as he or she requires to support his or her case; and any member of the local council court who directly or indirectly has an interest, of whatever nature, in the issue in dispute is disqualified from hearing the case.

Section 23Verify source

Part X

Appeals

§ 31Appeals - Right of appealProvision

A dissatisfied party may appeal local council court decisions up prescribed tiers; certain appeals require leave and time limits apply for leave applications.

Section Right of appeal Section An appeal shall lie— A party dissatisfied with the judgment or order of a local council court may, subject to the provisions of this section or any written law, appeal against the judgment or order; but no appeal shall lie from a judgment or order passed or made as a result of the consent of the parties. from the judgment and orders of a village local council court , to a parish local council court ; from the judgment and orders of a parish local council court , to a town, division or subcounty council court; from the judgment and orders of a town , division or subcounty local council court , to a court presided over by a chief magistrate ; from decrees and orders made on appeal by a chief magistrate , with the leave of the chief magistrate or of the High Court, to the High Court. Leave to appeal under subsection (2)(d) shall not be granted except where the intending appellant satisfies the chief magistrate or the High Court that the decision against which an appeal is intended involves a substantial question of law or is a decision appearing to have caused a substantial miscarriage of justice. For the purposes of subsection (3) , an application for leave to appeal shall, in the first instance, be made to the chief magistrate within thirty days from the date of the decision sought to be appealed from and an application to the High court for leave shall be made within the twenty-one days from the date on which the chief magistrate refuses the application.

Section 31Verify source

§ 32Appeals - Lodging of appealProvision

Appellate matters: appeals must be presented in a memorandum signed by the appellant setting out the grounds (Form D); the appellate court must serve a notice of the memorandum on the respondent (Form E).

Section Lodging of appeal Section An appeal from a village , parish, town, division or subcounty local council court shall be lodged within fourteen days from the date of the judgment or order appealed against; and an appeal from the chief magistrate ’s court shall be lodged within fourteen days from the date leave to appeal is granted. An appeal shall be presented in a memorandum signed by the appellant, setting forth the grounds of appeal, and the memorandum shall be substantially as set out in Form D in Schedule 4 to this Act. The appellate court shall cause a notice of the memorandum of appeal to be served on the respondent, and the notice shall be substantially as set out in Form E of Schedule 4 to this Act.

Section 32Verify source

§ 33Appeals - Witnesses in appellate courtProvision

An appellate court may, on application by either party or on its own motion and if it considers it in the interests of justice, call witnesses, receive additional evidence, or hear the case afresh.

Section Witnesses in appellate court Section 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 witnesses and receive additional evidence as it may in its discretion determine, or may hear the case afresh.

Section 33Verify source

§ 34Appeals - Powers of appellate courtSubstitution

The appellate court may, on hearing an appeal, dismiss the appeal for no miscarriage of justice, allow the appeal, reverse or vary the decision, alter compensation or fines (within statutory limits), or substitute orders from section 12.

Section Powers of appellate court Section Where the appellate court allows an appeal, it may— Upon hearing an appeal, the appellate court may dismiss the appeal on the ground that the decision appealed from did not occasion any miscarriage of justice or may allow the appeal. reverse or vary the decision appealed from; subject to any limit prescribed by this Act or any other written law, increase or reduce the amount of compensation awarded or the fine imposed by the lower court; or substitute any order or a combination of the orders set out in section 12 for an order or orders made by the lower court.

Section 34Verify source

Part XI

Miscellaneous

§ 35Miscellaneous - Court to be openProvision

Section Court to be open Section A local council court shall sit for the hearing of cases during the hours of daylight. A local council court may, if it considers it necessary at any stage of the trial of a case including domestic relations, order that the public generally or any particular person shall not have access to or be or remain in the room, building or place used by the court.

Section 35Verify source

§ 36Miscellaneous - Parties to be informed of right of appealProvision

After delivering its decision, the court must inform the parties of their right to appeal.

Section Parties to be informed of right of appeal Section After delivering its decision, the court shall inform the parties of their right to appeal.

Section 36Verify source

§ 37Miscellaneous - Prohibition of case already determined in former case (Res judicata)Provision

Local council courts must not try suits or issues that have already been finally decided between the same parties (res judicata).

Section Prohibition of case already determined in former case (Res judicata) Section No local council court shall try any suit or issue in which the matter directly and in a substantial manner, 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 that suit or issue.

Section 37Verify source

§ 38Miscellaneous - Local council court not to deal with cases where suit or matter is already pending before another courtProvision

Local council courts must not try a suit or proceeding if the same matter is directly and substantially in issue in an earlier suit or proceeding before another court that has original or appellate jurisdiction in Uganda to grant the relief claimed.

Section Local council court not to deal with cases where suit or matter is already pending before another court Section No local council 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 where the other court before which the suit or proceeding is pending has original or appellate jurisdiction in Uganda to grant the relief claimed.

Section 38Verify source

§ 39Miscellaneous - Chief magistrate’s supervisory powersProvision

The chief magistrate may exercise the High Court's general supervisory powers over local council courts on behalf of the High Court.

Section Chief magistrate’s supervisory powers Section The general powers of supervision over magistrates’ courts conferred upon the High Court by the Judicature Act may be exercised by the chief magistrate over local council courts on behalf of the High Court.

Section 39Verify source

§ 40Miscellaneous - Fees and remuneration of members of courtProvision

Plaintiffs in local council court cases must pay fees according to regulations made by the Minister; the Minister must take indigent persons into account; allowances for members of the local council court are to be determined by regulations made by the Minister.

Section Fees and remuneration of members of court Section The plaintiff to a case in a local council court shall pay to the local council court fees in accordance with regulations made by the Minister but the Minister shall take into account indigent persons when making the regulations. Allowances for members of the local council court shall be determined by regulations made by the Minister .

Section 40Verify source

§ 41Miscellaneous - Utilisation of fees and finesProvision

Local council courts must use money from court fees and fines for court operations (stationery, witness transport, member allowances) and keep proper books; secretaries or chairpersons are accountable depending on the council level.

Section Utilisation of fees and fines Section The money received from fees and fines of court shall be utilised by the local council court — For the purposes of this section— A local council court shall keep proper books of accounts and other records in respect of receipts and expenditure of funds paid as fees and fines to the court. to buy stationery and other operational requirements of the court; to pay for witness transportation where necessary; and to pay allowances of the members of the court. in case of a town , division or subcounty, the secretary to the local council court shall be accountable for the funds; and in the case a village or parish local council court , the chairperson shall be accountable for the funds.

Section 41Verify source

§ 42Miscellaneous - Protection of members and officers of courtProvision

Members and officers of a local council court are exempt from being sued for acts done in the performance of their judicial or execution functions when done in good faith or lawfully.

Section Protection of members and officers of court Section No member of a local council court shall be liable to be sued in any court for any act done by him or her in the discharge of his or her judicial functions, whether or not within the limits of his or her jurisdiction, if he or she at the time, in good faith, believed himself or herself to have jurisdiction to do the act complained of. No officer of a local council court or other person bound to execute its lawful orders or warrants shall be liable to be sued in any court in respect of any lawful act done in the execution of any such order or warrant.

Section 42Verify source

§ 43Miscellaneous - Suit where case is pending before local council court or other court under this ActProvision

Courts must not try a suit when the same substantial issue between the same parties is already pending in a local council court or other court under this Act.

Section Suit where case is pending before local council court or other court under this Act Section No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially an 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 the suit or proceeding is pending in any local council court or other court under this Act having original or appellate jurisdiction to grant the relief claimed.

Section 43Verify source

§ 44Miscellaneous - RegulationsProvision

The Minister may make regulations by statutory instrument to carry the Act into effect, including prescribing costs, fees, oaths for local council courts and witnesses, procedures for local council courts (subject to express provisions), and applying magistrates’ courts provisions to local council courts where appropriate.

Section Regulations Section Without prejudice to the general effect of subsection (1) , regulations may be made under that subsection in consultation with the Minister responsible for justice prescribing— The Minister may, by statutory instrument, make regulations generally for better carrying into effect the provisions of this Act. costs to be awarded by courts under this Act; fees required to be paid under this Act; the oath to be subscribed by members of local council courts and the oath to be taken by witnesses; and except as expressly provided by this Act, the procedure to be followed by local council courts at the hearing of cases; and regulations made for that purpose may, where appropriate, apply to the local council courts, with or without modification, the provisions of any enactment relating to the operation of magistrates’ courts.

Section 44Verify source

§ 45Miscellaneous - Power to amend SchedulesAmendment

The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2, 3 and 4 by statutory order.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. The Minister may, by statutory order, amend Schedules 2, 3 and 4 to this Act.

Section 45Verify source

§ 46Miscellaneous - Jurisdiction of chief magistrates for matters under Schedule 3Provision

A chief magistrate has unlimited jurisdiction to try and determine the causes and matters listed in Schedule 3 to this Act.

Section Jurisdiction of chief magistrates for matters under Schedule 3 Section Notwithstanding the provisions of section 206 of the Magistrates Courts Act , the jurisdiction of a chief magistrate for the trial and determination of the causes and matters specified in Schedule 3 to this Act shall be unlimited.

Section 46Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

2 instruments

Local Governments Act
Sections 1, 6
Magistrates Courts Act
Section 46

N–S

2 instruments

Schedule 1 to this Act
Section 45
Schedule 4 to this Act
Section 32

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31 Dec 2023 · currentEnglish

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