NAME OF INTERN: NYINOMUNTU ANNET

HOST SUPERVISOR: HIS-WORSHIP IVAN SEGUYA

TASK 2.

1. PLEADINGS

These are found under O.6,7,8 and 9. According to section 2 of the civil procedure
Act, pleadings are petitions, summons and statements in writing and the demand of
the plaintiff. Examples are, affidavit in rejoinder, petitions, originating summons,
notice of motion, chamber summons and answer to petitions.

Relevancy of pleadings

 Help parties to the exact matter in issue

 Help parties to know what must be proved at trial

 Helps parties to avoid unnecessary facts

 Helps court to determine the nature of trial before it

 Promotes the right to a fair hearing as they help parties to know the case the
case against them and how to defend themselves.

Particulars of pleadings in O.6 r 1

i. They must state the facts on the law

ii. They must state facts not evidence

iii. They must state facts in a summary form

iv. They must present a prima facie case.

The pleadings must be signed by counsel or by the party especially when they have
drafted them. (O.6 r 1 and r 26).

The counsel or advocate who signs the pleadings must be a valid practicing
advocated.
The court has powers to strike out pleadings and this is illustrated in section 98 of the
civil procedure Act which gives courts discretionary powers as it starts that “Nothing
in this Act shall be deemed to limit or otherwise affect the inherent power of the court
to make such orders as may be necessary for the ends of justice or to prevent abuse of
the process of court.

1. About the summary suit or summary procedure

This is under O.36 r 5 of the civil procedure rules and it is basically a quick or
an easy way for the plaintiff who demands a liquidated sum of money gets
judgement without a need for providing evidence. Important to note is that
summary procedure is not applicable in courts presided over by magistrate
grade II and III as Nakabago Co-op Society vs. Livingstone Kyanga.

It is only restricted to matters based on contracts and land matters.

In reference to O.36 r 2, the following are circumstances where a summary

procedure is used.

i. where the plaintiff seeks only to recover a debt or liquidated demand in

money payable by the defendant, with or without interest e.g. upon a
contract.

ii. for the recovery of land, with or without a claim for rent, profits, by a
landlord against a tenant whose term has expired or has been duly
determined by notice to quit, or has defaulted payment.
Rule 3 (1) of O.36, a defendant served with the summons shall not appear and defend
the suit except upon applying for and obtaining leave from the court. O.36 r 4
requires that, an application for leave to appear and defend the suit to be supported by
an affidavit, which shall state whether the defence alleged goes to the whole or to part
only, and if so, to what part of the plaintiff’s claim, and the court also may allow the
defendant making the application to be examined on oath.

O.36 r 3(2) CPR the defendant is required within the period fixed by the summons to
make an application for leave to defend the suit.
Section 96 of the CPA defends or allows application of leave to appear and defend
filed out of time.

N.B. It is of importance for one to attach the written statement of defence on the
application for leave to appear and defend even if O.36 r 4 doesn’t demand for it.

As illustrated in O.36 r 5, in case where the application is denied, the defendant shall
obtain a decree in the amount claimed in the plaint with interest, if any. This also
brings in the relevance of Section 98 of the CPA which grants court with discretionary
powers to deny the plaintiff the application for leave to appear and defend in case it is
not satisfied that the defendant has raised a triable issue.