How Much It Cost To Sue Someone In Uganda
The person who institutes a law suit is called a plaintiff while the party against whom the law suit is instituted is called a defendant. Before a lawsuit is instituted, a person is required to give a Notice of Intention to Sue to the other party.
A law suit may be instituted by filing a Plaint in the court registry.
A plaint is a document stating the plaintiff’s claim against the defendant and what he/she wishes court to do for him/her.
The defendant is a female adult Ugandan deemed to be of sound mind and the plaintiff’s advocates undertake to effect service of court process upon her.
The plaintiffs claim against the defendant is for recovery of Ugx. 3,640,000/= arising out of breach of an agreement, interest thereon and costs of the suit.
The facts leading to this cause of action arose as hereunder;-
a. That on the 1st day the defendant requested for a loan of Ugx. 3,640,000/= from the plaintiff promising that the loan would be repaid back on the 1st day of January 2022.
b. That the plaintiff duly advanced the said loan of Ugx. 3,640,000/= to the defendant, consideration giving of the said loan of Ugx. 3,640,000/= and repayment back of the same. Photostat copies of the agreements for a loan are attached hereto and marked annexture “A” in a bundle.
c. That on the 1st day the plaintiff demanded for the said Ugx.
3,640,000/= from the defendant but the later did not pay the same and pleaded for more time to pay the same.
d. That however, the defendant has failed to pay the same despite several demands from the plaintiff up to date.
That due to the matters aforesaid, the plaintiff has suffered tremendous loss.
The plaintiff shall aver and contend that the defendant has absolutely no defence to this suit.
Notice of Intention to sue was duly communicated to the defendant and ignored.
The cause of action arose at central division of Kampala within the jurisdiction of this Honourable court.
Wherefore the plaintiff prays for judgment against the defendant for;-
a) Recovery of Ug Shs. 3,640,000/=
b) Interest on (a) at the rate of 24% of per annum from the date of receipt until payment in full.
c) Costs of this suit
How to Institute a Law Suit in Uganda
The Plaint
The person who institutes a law suit is called a plaintiff while the party against whom the law suit is instituted is called a defendant.
Before a lawsuit is instituted, a person is required to give a Notice of Intention to Sue to the other party. A law suit may be instituted by filing a Plaint in the court registry. A plaint is a document stating the plaintiff’s claim against the defendant and what he/she wishes court to do for him/her.
Accompanying Documents to the Plaint.
The plaint must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the plaintiff intends to rely on.
The plaint should also be accompanied by a Mediation Case Summary. When filing the plaint, the requisite filing fees (UGX 1,500 – UGX 3,000) must be paid in the bank and evidence of payment (bank deposit slip) attached to the plaint.
The Summons
Plaintiff then extracts a Summons from court requiring the defendant to either file a defence or appear in court on a day specified therein and serves it together with the plaint on the defendant within 21 days after court issues the summons.
Once the summons is served on the defendant, the plaintiff must file an Affidavit of Service of Summons in court clearly stating how he/she served it on the defendant. The defendant in this case may defend themselves. (see How to defend a law suit).
The Mediation
Court will within 14 days after filing of the court documents is complete; notify the parties of the commencement of mediation by way of a notice. The mediation is required to be completed within 60 days after the mediator commences mediation. If the mediation is successful/unsuccessful, then the mediator makes a report to that effect.
Scheduling Conference
Where mediation is not successful, the case proceeds to a scheduling conference where the parties agree on the issues to be resolved in court. Here the plaintiff and defendant can opt to file a Joint Scheduling Memorandum. After the scheduling conference, the plaintiff then sets down the case for hearing by giving a Hearing Notice to the defendant.
In situations where the defendant fails to file a defence within the 15 days, then the plaintiff may set down the suit for hearing exparte where court will only hear the plaintiff’s case.
The Hearing
At the hearing, the court will receive evidence from the plaintiff in respect to his claim and the defendant in respect to his defence.
After hearing from both parties or from only the plaintiff where the defendant does not file a defence, court will go ahead to give judgement.