Form 13

Originating Summons (General Form).

(Order XXXVII, rule 8)

In the __________________ court of ________________between

AB _____________________________________________, Plaintiff

and

CD ______________________________________________, Defendant

(Entitle the proceedings as arising in the administration of an estate, or of a trust, or out of a

sale and purchase of immovables, or of a partnership, or any other matter stated in Order
XXXVII, rule 1, 2, 3, 4 or 5.)

To _______________________________ (state the name and address of persons to be

served).

Whereas the above-named AB, _________________________________ of

_________________________________ who claims to be interested in the above-named
matter ______________________________________ (state nature and particulars of claim)
has applied for the determination of the following questions
___________________________________________ (state the questions).

You are required, if you desire to be heard upon the determination of any of the questions, to
appear personally or by advocate at ____________________ (state time and place), when
this court will proceed to make such orders, whether by way of declaration or otherwise, as
the court may think just and expedient.

Dated this ______ day of _______________, 20 ____

 Seal _______________________________

Order 37 of the Civil Procedure Rules of Uganda establishes Originating Summons as a mode
of commencing suits and thereunder, Rule 1 of the Order points out to the person or who may
take out an originating summons and it further defines to what matters such originating
summons may be ought to be taken out. In its express provision, it includes the executors,
administrators, trustees of a deceased person or any other person claiming an interest in the
sought relief and it expresses to mention but a few, creditors, devisee, legatee.

In the further expression of the Rule, it takes out that O.S may be taken out in the
determination of any questions as to the rights and ascertainment of any class of the person
claiming to be a creditor, devisee, legatee, heir or cestui que trust, furnishing of particulars of
the accounts, payment into court of any money among others as under Rule 1 of the CPR.

Rule 3 of the CPR expresses that a vendor or purchaser of immovable property or their
representatives respectively may, at any time or times, take out an originating summons
returnable before a judge sitting in chambers, for the determination of any question which
may arise in respect of any requisitions or objections, or any claim for compensation; or any
other question arising out of or connected with the contract of sale, not being a question
affecting the existence or validity of the contract.

In analogy, Rule 4 also establishes that any mortgagee or mortgagor, whether legal or
equitable, or any person entitled to or having property subject to a legal or equitable charge,
or any person having the right to foreclose or redeem any mortgage, whether legal or
equitable, may take out as of course an originating summons, returnable before a judge in
chambers, for such relief of the nature or kind following as may be by the summons
specified, and as the circumstances of the case may require; that is to say, sale, foreclosure,
delivery of possession by the mortgagor, redemption, reconveyance or delivery of possession
by the mortgagee.

5. Summons by a member of a partnership.

When the existence of a partnership, or the right to a partnership, or the fact of the dissolution
of a partnership is not in dispute, any partner in a firm or his or her representatives may take
out an originating summons returnable before a judge sitting in chambers against his or her
partners or former partners or their representatives, if any, for the purpose of having the
partnership dissolved (if it is still subsisting) and for the purpose of taking the accounts of and
winding up the partnership.

6. Summons by persons interested in deeds or wills.

Any person claiming to be interested under a deed, will or other written instrument may apply
in chambers by originating summons for the determination of any question of construction
arising under the instrument, and for a declaration of the rights of the person interested.

7. Discretion upon summons for construction of document

The judge shall not be bound to determine any such question of construction if, in his or her
opinion, it ought not to be determined on originating summons.

8. Practice upon application for summons.

(1) An originating summons shall be in Form 13 of Appendix B to these Rules, and shall
specify the relief sought.

(2) The person entitled to apply shall present it ex parte to a judge sitting in chambers with an
affidavit setting forth concisely the facts upon which the right to the relief sought by the
summons is founded, and the judge, if satisfied that the facts as alleged are sufficient and the
case is a proper one to be dealt with on an originating summons, shall sign the summons and
give such directions for service upon persons or classes of persons and upon other matters as
may then appear necessary.

9. Summons to be filed and registered.

The originating summons when so signed shall be filed, and entered in the register of suits,
but after the serial number the letters “O.S.” shall be placed to distinguish it from plaints filed
in ordinary suits.

10. Evidence and directions upon hearing of summons.

On the hearing of the summons, if the parties do not agree to the correctness and sufficiency
of the facts set forth in the summons and affidavit, the judge may order the summons to be
supported by such further evidence as he or she may deem necessary and may give such
directions as he or she may think just for the trial of any issues arising upon the summons,
and may make any amendments necessary to make the summons accord with existing facts,
and to raise the matters in issue between the parties.
11. Powers of court upon hearing of summons.

The judge hearing an originating summons may, if he or she thinks fit, adjourn the hearing
into court for taking evidence viva voce or hearing arguments; and, if it appears to him or her
that the matters in respect of which relief is sought cannot properly be disposed of in a
summary manner, may refuse to pass any order on the summons, and may dismiss it,
referring the parties to a suit in the ordinary course, making such orders as to costs as may
appear to be just.

12. Court may make orders as to costs incurred by any party.

If an originating summons is adjourned into court, the judge may, if he or she thinks the
question to be determined is of sufficient importance, order that the costs be taxed on the
scale applicable to suits. In all other cases the judge may make such orders as to the costs of
the parties as he or she considers to be just.

ORDER XXXIV—INTERPLEADER.

1. Practice under this Order.

Interpleader proceedings may be instituted—

(a) in a case where no suit is pending, by an originating summons; or

(b) in a case where a suit is pending, by motion on notice in that Action