Judicature (Small Claims Procedure) Rules, 2011

These Rules may be cited as the Judicature (Small Claims Procedure) Rules, 2011.

These Rules come into force on the 30th day of May, 2011.

Defines terms: "Court", "judicial officer", "small claim", and "small claims procedure".

Establishes the Small Claims Procedure; the Chief Justice may designate courts by Gazette notice; the High Court has general supervisory powers over small claims in magistrates courts.

A Small Claims Procedure covers cases whose subject matter does not exceed ten million Uganda shillings.

The Court must keep a written record of its proceedings and include specified particulars (case serial number, parties and witnesses' names and addresses, hearing date, witness evidence summary, exhibits, judgment/orders and related dates and execution particulars).

The Chief Justice may assign a judicial officer to preside over a Small Claims Procedure case or to carry out incidental duties.

Parties to a small claim must appear in person at the hearing with relevant documents and exhibits, ensure supporting witnesses attend court, and have proof that summons or statements were served on the other party.

A judicial officer must ensure hearings follow rule 25; must put claimant and defendant on oath to state or respond to claims and both parties must answer questions.

A judicial officer must, in appropriate cases, refer parties to mediation, arbitration or other ADR within fourteen days before the hearing; if the parties agree under sub‑rule (1) the judicial officer must register a consent judgment.

A judicial officer may allow witnesses to give sworn evidence relevant to the claim; witnesses must answer questions; only one witness may be present while giving testimony; witnesses who have already testified may attend; judicial officers may summon witnesses when warranted.

Cross-examination between the parties or of any witness is not permitted; the judicial officer may inquire into any aspect of evidence adduced in court.

Natural persons may start court actions; bodies corporate may be defendants and may appear by a non-advocate representative; parties must appear in person and must not be represented by an advocate.

Before instituting a small claim, a person must give the defendant a notice of demand asking them to satisfy the claim within fourteen days of receipt of the notice.

A person may start a small claim by filing the Schedule 2 claim form; a person instituting a small claim must attach specified documents, provide the defendant's name and address, and give information for speedy disposal.

Every suit must be instituted in a court within the local limits of whose jurisdiction the cause of action wholly or in part arises; for rental disputes or claims, institute in a court where the property is situated or where the defendant resides.

A claimant must serve the summons (Schedule 4) on the defendant, and the claimant or a Court process server must file an affidavit of service (Schedule 3) within seven days of service.

A defendant, upon receipt of the summons, must either satisfy the debt or claim owed to the claimant; or deliver to the Court a written statement of defence and counterclaim as specified in Schedule 5; or institute a counterclaim by delivering a written statement of defence and counterclaim to the clerk of the Court.

The defendant or a designated court process server must serve the claimant with the written statement of defence and counterclaim within fourteen days of filing it in Court.

If the defendant files a defence with a counterclaim, the claimant must within fourteen days of service of the defence and counterclaim either file a reply to that counterclaim (per Schedule 6) or notify the Court in writing that they will reply at the hearing.

If a defendant satisfies a claim under rule 13(a), the claimant must give the defendant a receipt or written acknowledgement (and give a copy to the Court) and must inform the Court in writing within seven days of that acknowledgement that the claimant will not proceed with the case.

If a defendant does not respond to a summons duly served under rule 12 and there is proof of service, the Court must enter judgment for the claimant.

A claim that exceeds a court's jurisdiction and is based on the same cause of action may not be split to recover it in more than one action when the parties and the point in issue are the same.

If two or more claims based on different causes of action are combined in one summons, the court has the same jurisdiction to adjudicate each claim as if it were the sole subject of a separate action.

When the judicial officer has heard all parties and any witness, the judicial officer must pass the judgment set out in Schedule 7 either immediately after the hearing or within fourteen days after the hearing.

When the court has granted a money judgment, the court must ask the judgment debtor if they can pay immediately; if not, the court may hold a private inquiry into the debtor's finances and may order instalments or suspend the order on conditions.

A party to a claim under these Rules must bear his or her own expenses.

The court may, on application by an aggrieved party, review or vary judgments in certain circumstances (within six weeks for judgments in absence; up to one year for voidness, fraud, mistake or new matters; and correct latent errors within one year).

Persons against whom judgment is given must comply with the Court's order; if the decretal amount is paid the judgment creditor must issue a receipt and notify the Court within seven days; if the debtor does not comply the judgment creditor may, with the court's guidance, apply for execution under section 38 of the Civil Procedure Act and order XXII, rule 7 of the Civil Procedure Rules.

The Court must hear cases quickly, guided by fairness and natural justice, ensure parties can be heard and call evidence, and judicial officers with an interest must disqualify themselves.

When a court finds a case raises complex legal or factual questions it cannot adequately decide, the court must suspend the proceedings; if suspended, the claimant may start a fresh action in another court with appropriate jurisdiction; when the claimant files that fresh claim the suspended proceedings are deemed withdrawn and the file closed.

The Court may extend any period fixed or granted for doing acts under these Rules, even after it has expired.

The Court retains its inherent power to make orders necessary for the ends of justice or to prevent abuse of its process; these Rules do not limit or affect that power.

The Court may, at any time and on such terms as to costs or otherwise as it thinks fit, amend any defect or error in any proceeding in a suit.

The Court may correct clerical or mathematical errors in a judgment, decree or order of the Court, at any time, either on its own motion or on application by any of the parties.