DEPARTMENT OF POST-GRADUATE LEGAL STUDIES AND LEGAL AID THE POST-GRADUATE BAR COURSE 2024/2025
MODULE ONE, TERM ONE, WEEK TWO
WEEK OF 30TH SEPTEMBER TO 4TH OCTOBER, 2024
CIVIL LITIGATION WORKSHOPS
Introduction
During this module, students will be exposed to interviewing clients, formalizing instructions, drafting pleadings for the complainant, and institution of civil suits.
WORKSHOP ONE
The workshop
will deal with conducting
successful client interviews, taking instructions,
determination of parties
and causes of action, institution of
suits and drafting pleadings for the complainant.
Learning outcomes
By the end of this workshop, you will be able to:
1. Explain the options available
to resolve the civil disputes;
2. Determine the appropriate
action to be taken in resolving the civil disputes;
3. Illustrate the process of
institution of suits;
4. Draft documents in relation to
the institution of suits;
5. Recognise and deal with ethical
issues relating to the institution of suits.
WORKSHOP FACTS: -
The
Government of Uganda started a programme called Operation Wealth Creation (OWC)
intended to uplift the household incomes of its citizens. Through this programme, the government would among others distribute coffee seedlings to various
farmers in selected Districts. The Coffee Seedling project was implemented by the Uganda Coffee Development Authority (UCDA) in conjunction with the various
local government officers including those of Operation Wealth Creation. Several
coffee nursery operators enrolled on the project and each signed contracts to
supply coffee seedlings to selected farmers in selected districts. Coffee
Nursery Operators supplied seedlings as allocated in the list hereto attached
and marked “A”.
A one Teopista
Nassuna was contracted to supply 450,000 seedlings as per the purchase
order hereto attached and marked “B”. She made deliveries as per distribution
form annexture “C”.
Teopista
hired an Isuzu Truck
registered in the names of Kabiswa Godfrey, Fuso Reg. No. UAT 578V being
driven by Bwatyo James to deliver her seedlings to Gomba on the 20th
October, 2023. After the delivery of the seedlings and as the driver was returning
to Mukono, the truck was involved in a serious accident at Mpigi Town. It
knocked Beyanga Johnson, a Boda Boda Rider at Mpigi Police Stage who
lost his right arm and is currently hospitalized at Kirudu Hospital in
Kampala. The Boda Boda which he had recently bought at Ugx 4,500,000/= was
written off. Johnson can no longer ride a Boda boda where he was earning
at least Ugx 20,000/= per day. The hospital bills at Kiruddu have so far
accumulated to Ugx 2,300,000/=.
Since
the deliveries were made on 20th of October 2023, UCDA has not made
any payments to any of the operators. When Nassuna contacted the
Managing Director UCDA Kagugube Andrew for payment, he informed her that
the office carried out an investigation a year after delivery and found out
that about 50% of the supplies made by farmers was “air supply”. There were no
coffee plants found growing. This fraudulent action would put the Authority at risk
of losing taxpayers money which is likely to cause problems to the staff of
UCDA. It could easily lead to prosecution under the Anti-Corruption Court.
The
operators have made several complaints to UCDA but the Principal Accountant Mr.
Geofrey Egeza informed them that nothing much can be done given the report of
the verification committee. He informed them that if they are willing to take
half of their claims, UCDA would pay subsequently.
Meanwhile,
Nassuna on 20th January, 2024 borrowed Ugx 10,000,000/= from
a money lender, a one Bitwenda Daudi a resident of Mukono Municipality.
The amount was lent on an interest of 20% per month for a period of six months.
Nassuna anticipated that if she is paid by UCDA she would clear the said
loan. To-date UCDA has not paid despite several reminders. The said loan was
secured by a simple deposit of the land title of Block 365 Plot 40 where
Teopista’s family house is situate. Teopista resides in the said house
with her husband Bazekuketa James and their three children aged 6, 8 and
12 respectively. The money lender is threatening to sell the house to recover
the money lent.
As a
young lawyer who was recently admitted at LDC;
Task I
Illustrate the following;
a) How you would formalize instructions.
b) Assuming annexture “B”, the purchase order form had the following
clause; “Incase of any
dispute or failure to make payments, parties should first resolve the matter
using the alternative dispute resolution mechanisms available before taking the
matter to Court”.
How would you resolve their grievances without going to Court
Task II Illustrate;
Using
role play how you would obtain additional information you need to effectively
deal with the various causes of action disclosed.
Task III
Draft the necessary
document(s) that would initiate the process above before going to Court.
PART B
Kyagaba
Andrew a UCDA Coffee
Extension Officer for Gomba narrates to you that; In July 2024, the Managing
Director of UCDA Mr Kagugube Andrew visited Gomba District and met him
at Ngaado Sub County Headquarters. The said Kagugube was furious because
of the alleged “air Supply” of Coffee Seedlings in the District. He informed
him that UCDA had made investigations and found out that the farmers who had
received Coffee Seedlings do not have any Coffee Seedlings growing. He further
stated that some farmers had similar National ID numbers while others were
duplicated. The said Kagugube informed the said Kyagaba that he
no longer wants to retain him as a Coffee Extension Officer of the area and
that he should stop working immediately. UCDA has not remitted his salary from
July, 2024.
Kyagaba
made a written complaint to the Head Human Resource UCDA but to date he has
never received any reply.
On 3rd
August, 2024, he lodged a formal complaint to the Labour Officer of Gomba
District Barigye James who told him that he will investigate the
complaint and later give him feedback.
On 16th
September, 2024, the Labour Officer summoned him to his office and informed him
that he had investigated the matter and found out that the actions of the
Managing Director of UCDA were justified and advised him to resolve his matter
with UCDA.
Task IV Illustrate
a)
The remedy available to Kyagaba Andrew.
b)
The procedure for obtaining the remedy above.
c)
The necessary documents (if any) that would enable
him obtain the said remedy.
d)
Identify any ethical issues that are likely to arise
in handling your instructions in all the above tasks.
Note: Students must familiarize
themselves with the various procedures of obtaining remedies.
i.
Electricity Distribution Tribunal
ii.
Tax Appeals Tribunal
iii.
Insurance Appeals Tribunal
iv.
Equal Opportunities Tribunal
Session Plan:
·
Roll call by PA (05 Minutes)
·
Introduction and workshop by PA (10 Minutes)
·
Checking student’s preparation (10 Minutes)
·
Preparation and discussion by students
(1:20hrs)
·
Wrap up by PA (05 minutes).
Task allocation:
Group
one: task 1 (20 Minutes)
Group
two: task 2 (20 Minutes)
Group
three: task 3 (20 Minutes)
Group
Four: task 4 (20 Minutes)
WORKSHOP TWO
The workshop is a continuation of Workshop 1 and is intended to on the determine the suitable modes, procedures for commencement/ institution of suits, rules governing pleadings, drafting of claimant's pleadings, the duty of plaintiff/his counsel and the role of court, at institution of the suit.
It is intended to develop a learner in the three critical areas of knowledge, skills and values.
Learning outcomes
By the end of this workshop, you will be able to:
1. Illustrate the process of
institutions of suits.
2. Draft documents that will help you
institute a suit in relation to the facts disclosed in Part A of Workshop 1.
3.
Illustrate the duty of Counsel for the
Plaintiffs in filing pleadings and the role of Court at institution of
pleadings.
4. Illustrate the process service of
the pleadings in 3 (above).
5. Recognize and deal with ethical
issues relating to the institution of suits.
WORKSHOP FACTS: -
Using the facts in workshop
one with the necessary modifications as is necessary. Assume that all efforts
to resolve the matter with the Nursery Operators without going to Court have
failed. Nassuna together with the other
operators have approached you to have the matter taken to Court. It is presumed
that all operators have the documents annexture “B” and “C” for their
respective seedlings supplied as allocated. Each seedling was supplied at a
cost of Ugx 350/=
Task I
Illustrate to the claimants the course of action you would take to
institute the matter to Court and the role of Court
Task II
Draft the necessary documents to help you institute the matter in Court.
PART B
Assuming summons to file defence were issued on 30th August,
2024 by the Registrar High Court Commercial Division and the same uploaded on
ECCMIS. You had travelled to Mombasa for a family reunion but only returned
yesterday to discover the above.
Task III
Illustrate the process of service of pleadings by the Plaintiff
Task IV
Draft the necessary documents in relation to Task III above.
Session Plan:
·
Roll call by PA (05 Minutes)
·
Introduction and workshop by PA (10 Minutes)
·
Checking student’s preparation (10 Minutes)
·
Preparation and discussion by students (1:30
hrs.)
·
Wrap up by PA (05 minutes).
Task
allocation:
Group
one: task 1&2 (30 Minutes)
Group
two: task 3 (30 Minutes)
Group
three: task 4 (30 Minutes)
REFERENCES
A. STATUTES
1. The Constitution of the Republic
of Uganda, 1995.
2. The Judicature Act, Cap. 16.
3.
The Civil Procedure Act, Cap.
282;
and the rules made thereunder (CPR).
4. The Civil Procedure (amendment) Rules, 2019
5. The Evidence Act, Cap. 8.
6. The Limitations Act, Cap 290.
7. The Contract Act,
Cap 284.
8. The Bill of Exchange
Act Cap. 281.
9. The Law Reform
(Miscellaneous Provisions) Act, Cap. 289.
10. The
Kampala Capital City Act Cap 195.
11.
The Government Proceedings Act, Cap.287
12.
The Electricity Act Cap 157.
13.
The Electricity (Amendment) act, 2022.
14.
The Standardized Complaints
Handling Guidelines for the Supply for the Electricity Supply Industry, 2021
15. The Civil
Procedure
(Government Proceedings) Rules. S.I 77-1
16. The Civil Procedure and Limitations (Miscellaneous
Provisions) Act, Cap 283.
17. The Local Government
Act, Cap 138.
18. The Judicature
(Court Fees, Fines
& Deposit) Rules.
19. The
Advocates (Remuneration and Taxation of Costs) Rules, 2018.
20. Industrial Court
21. The
Employment Act, No. 6 of 2006
22. The Insurance Act Cap 191
23. Magistrates Court Act Cap 19
B. CASES
1. The Fort Hall Bakery Supply Co. v Fredrick Wangoe (1959) E.A 474.
2. Kakooza
Mutale v Attorney
General [2001-2005] HCB 110,111.
3. Ismail Serugo
v KCC & Attorney General Constn Appeal
No.2/1998.
4. Shudir
Ruperalia & Anor v Sissa Club [2006]
5.
Auto Garage v Motokov (No.3) [ 1971] E.A 514, 515.
6. Uganda General
Commodity Co. Ltd
v Jinja
Cash Commodity Stores Ltd (1965) E.A 496.
7. Desai v Warsaw
(1967) E.A351
8. Gulu Municipal Council v Gabriel Nyeko &
Ors. HCCS No. 77/1996.
9. Nakitto & Bros. v Katumba
[1983] HCB 70.
10. Fredrick J.K Zaabwe Vs Orient Bank Ltd & 5 Ors
S.C A No. 4 of 2006
11. Obed Tashobya v DFCU Ltd HCT-oo-cs-742-2004.
12. Dr James Rwanyarare & Ors v Attorney General HCMA No. 85/1993.
13. Kabandize & Ors v KCC SCCA No. 013 of
2014
14. Joy Kaingana
v Dabou Boubou
[1986]
HCB 59.
15. General Parts
(U) Ltd v NPART SCCA No.09/2005.
16. Kasirye Byaruhanga & Co. Advocate
v UDB SCCA No. 02/2007.
17. Ayigihugu & Co. Advocates v Munyankindi
Muteeri
[1990-91]
KALR194.
18. lnterfreit Forwarders
(u) Ltd v EADB SCCA No. 33/1993.
19. Johnson Vs
Mossi and Ors 1969 EA
20. Odoma
Luigi and Ors Vs The Registered Trustees of Arua Diocese
21. Esso
standard Uganda Ltd Vs Semuamanu Opio SCCA No. 83 of 1993 (on damages).
22. Tororo
Cement Company Ltd Vs Frokina International Ltd
SCCA No. 2 of 2001.
23. Post Bank Ltd Vs Abdul Ssozi SCCA No. 8 of 2015.
24. Baluku InterGlobal Trade Agency Ltd Vs Bank of Uganda 1983 HCB
63
25. Rwabuganda Godfrey Vs Bitamissi Namudu
COA CA No. 87 of 2010.
26. Geoffrey Gatete, Angella Maria Nakigonya Vs William Kyobe SCCA No.7 of
2005
END
PREPARED
BY:
CIVIL LITIGATION
TEAM 2024
1. RICHARD MWEBEMBEZI (HOS)
2. ASUMAN NYONYINTONO (AHOS)3. RICHARD BWAYO (PA)