Ashaba-Ahebwa Mark on Civil Law in the Ugandan Jurisdiction
CIVIL PROCEDURE II Lecture 1 ORDER OF PROCEEDINGS
The place and mode of trial is usually determined by type of trial and proceedings. If you make an application by summons, then you will be heard in Chambers.
Procedure 1 – where defendant elects not to call evidence
The Plaintiff or advocate makes an opening speech referred to sometimes as an opening statement. After that the plaintiff witnesses are called, examined cross examined and re-examined. After that the plaintiff or his advocate sums up the case by making a closing speech. After that the Defendant states their case and makes a closing speech.
Procedure 2 – Defence elects to call evidence
Advocates for the plaintiff makes an opening statement, the plaintiff witnesses are called, examined, cross-examined and re-examined. After that the defendant’s counsel makes an opening statement. After that the defendant’s witnesses are called, examined, cross examined and re examined. After the Plaintiff or his advocate sums up the case by making the closing speech. Thereafter the defendant sums up the case and makes a closing speech also. The Defendant can reply to the plaintiff’s closing. The reply only covers new ground.
In cases where there are many defendants and many plaintiffs the same procedure will apply but if the defendants are represented separately, then the counsels will separately make their submissions separately by order of appearance. Cross examination of witness will also follow the order in which they proceed. Co plaintiffs will normally be represented by the same counsel.
Who has the right to begin the case? Order XVII Rule 1
The plaintiff or the applicant has the right to begin. Of course there are certain exceptions to that right to begin.
1. Where the Defendant admits the facts alleged by the plaintiff but raises an objection on a part of law. In such a case the defendant should be entitled to begin by submitting on that part of the law. For
The place and mode of trial is usually determined by type of trial and proceedings. If you make an application by summons, then you will be heard in Chambers.
Procedure 1 – where defendant elects not to call evidence
The Plaintiff or advocate makes an opening speech referred to sometimes as an opening statement. After that the plaintiff witnesses are called, examined cross examined and re-examined. After that the plaintiff or his advocate sums up the case by making a closing speech. After that the Defendant states their case and makes a closing speech.
Procedure 2 – Defence elects to call evidence
Advocates for the plaintiff makes an opening statement, the plaintiff witnesses are called, examined, cross-examined and re-examined. After that the defendant’s counsel makes an opening statement. After that the defendant’s witnesses are called, examined, cross examined and re examined. After the Plaintiff or his advocate sums up the case by making the closing speech. Thereafter the defendant sums up the case and makes a closing speech also. The Defendant can reply to the plaintiff’s closing. The reply only covers new ground.
In cases where there are many defendants and many plaintiffs the same procedure will apply but if the defendants are represented separately, then the counsels will separately make their submissions separately by order of appearance. Cross examination of witness will also follow the order in which they proceed. Co plaintiffs will normally be represented by the same counsel.
Who has the right to begin the case? Order XVII Rule 1
The plaintiff or the applicant has the right to begin. Of course there are certain exceptions to that right to begin.
1. Where the Defendant admits the facts alleged by the plaintiff but raises an objection on a part of law. In such a case the defendant should be entitled to begin by submitting on that part of the law. For