UGANDA MARTYRS UNIVERSITY NKOZI

NAME: NYINOMUNTU ANNET

REG.NO: 2019-B411-12400
YEAR/SEM: 3/3
COURSE UNIT: CIVIL PROCEDURE II
LECTURER: MR. KEVIN BAKULUMPANGI

QUESTION NO.1
 a) Order 7

b) Under order 7 rule 11 (a) of the Civil procedure rules provides that a plaint
shall be rejected where it does not disclose a cause of action. In the case of
Auto Garage & Anor v Motokov (1971) EA 514, 1 it was confirmed that the
plaint shall be rejected in the absence of the elements of cause of action and
these include a plaint showing that a plaintiff enjoyed a right, the right has
been violated and the defendant is the one who violated the right and thus is
liable. If the mentioned elements are all answered, plaintiff has a locus standi.
Therefore, as the judge of the High Court of Uganda at Mpingi, I would look at
the plaintiff’s preliminary objection as I peruse thorough the plaint and if I find
the necessary annexures and the elements of cause of action, I would base on that
evidence other than the headings and would let justice prevail.

c) According to civil procedure and practice in Uganda 2a book by Ssekana Musa

and Salima Namusobya Ssekana, quoting Order 6 rule 30 (1), a pleading can
be struck out only if it does not disclose a reasonable cause of action or ground
of defence, if it is a scandalous pleading in that it the allegations in it state matters
which are indecent or offensive. In reference to the case of Uganda Law Society
and Another v Attorney General Constitutional Petition No. 8 of 2000 3, Court
held that Order 6 r 25 of the Civil Procedure Rules, requires that every pleading
shall be signed by an advocate or by the party if he sues or defends in person.
However, as the judge of the high court Uganda at Mpingi, I would require the
written statement of defence to be signed using section 98 of the Civil
Procedure Act which grants court with discretionary powers to make decisions
as it may deem fit to avoid miscarriage of justice.
d)

1 Auto Garage & Anor v Motokov (1971) EA.514

2 Civil procedure and practice in Uganda
3 of Uganda Law Society and Another v Attorney General Constitutional Petition No. 8 of 2000