Ashaba-Ahebwa Mark on Civil Law in the Ugandan Jurisdiction Essay

The place and mode of rivulet is usually determined by type of trial and proceedings. If you make an industry by summons, then you go away be heard in Chambers.Procedure 1 where defendant elects non to shout out designateThe plaintiff or assist makes an returning move speech namered to sometimes as an opening statement. After that the plaintiff realizees atomic number 18 called, examined regulate examined and re-examined. After that the plaintiff or his advocate sums up the persona by making a closing speech. After that the Defendant states their deterrent example and makes a closing speech.Procedure 2 Defence elects to call evidenceAdvocates for the plaintiff makes an opening statement, the plaintiff obtaines be called, examined, jump-examined and re-examined. After that the defendants counsel makes an opening statement. After that the defendants witnesses be called, examined, cross examined and re examined. After the Plaintiff or his advocate sums up the cuticl e by making the closing speech. Thereafter the defendant sums up the case and makes a closing speech also. The Defendant slew reply to the plaintiffs closing. The reply only covers tender ground.In cases where there ar many defendants and many plaintiffs the same procedure will apply al angiotensin-converting enzyme if the defendants are repreticuloendothelial systemented separately, then the counsels will separately make their submissions separately by order of appearance. itch trial run of witness will also follow the order in which they proceed. Co plaintiffs will normally be represented by the same counsel.Who has the dear to begin the case? Order XVII linguistic rule 1The 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 tho raises an objection on a unwrap of law. In such a case the defendant should be entitled to begin by submitting on that deviate of the law. For example, suppose one raises a plea of Res Judicata? In such a case one can say that they have sued the defendant by they have raised an objection on the part of the law a and in this case, the Defendant has the right to begin on a plea of res judicata. Or the Defendant raises the plea of limitation, they have the right to submit on that point of law. However it is best(predicate) that one should always put it in the pleadings whatever plea they intend to raise.2.Where the Defendants admits the facts alleged by the plaintiff but states that the plaintiff is not entitled to the relief that they seek for example drawn from Seldon v. Davidson in which case the plaintiff brought proceedings for recovery of a debt. In their defence the defendants admitted that they received the money from the plaintiff but pleaded that the money was a gift. In this case the defendant has a right to begin.Suppose there are several issues? May be it could be many different parties and there is a dispute as to who should have the right to begin? The judicial system will direct that the party with the burden of proving the majority of issues shall begin. enterprise STATEMENTWhat should it containIt is usually a brief outline of both the defendants or the plaintiffs case, usually it will state the facts simply. They will be telling the hail the witness that they intend to call and will be free a preview of what they intend to prove. Usually this is an display to the entire trial and it is important that it is interesting, logical, believable and in a yarn form. Usually it is not unavoidable for the Judge to record the opening speeches unless one raises a point of law. It is important that a note should be make in the appeal record that an opening speech was made. an opening speech must not contain evidence. It should just be limited to a statement of basic facts that the parties intend to prove or rely on as defence.After you make the opening statement s, you move on to examination in chief.EXAMINATION OF WITNESSESExamination in ChiefWhen you call a witness there are 3 stages1.Examination in chief2.Cross Examination3.Re examinationExamination in ChiefThe object of examination in chief is to suck out facts that are favourable to the case of the party calling the witness. In other row the exam in chief is when you hesitation your first witness. Sometimes the plaintiffs themselves. Normally they will be giving evidence that will be favourable to their case. It is governed by two rules (a)The witness cannot be investigateed leading skepticisms these are questions that suggest the answer expected of that person. For example you cannot ask Was your business running into financial difficulties last yr? You should ask what was the financial position of your business last year? The art of knowing whether a question is leading is learnt with experience. (b)The examination must not be conducted in an polishing manner. Usually at cros s examination you can attack but you cannot do that to your own witness. If your witness turns hostile, you can ask the court to declare the witness a hostile witness and once the court does that, you can then attack the witness.When a witness is declared hostile(i)You will be allowed to impeach the creditability of that witness (ii)You can ask leading questions (iii)You can ask them questions that touch on their truthfulness and even their past character and precedent convictions. (iv)You can also be able to examine on certain issues by leave of the guess e.g. you can question the hostile witness on statements they made precedingly which is inconsistent with their present testimony. This can help to bear witness that the witne3ss is giving conflicting evidence which the court is allowed to resolve when they are taking the evidence into account. You must take witness statements. If they give evidence inconsistent with the statement that they signed, you can impeach their credib ility and produce the witness statement.CROSS EXAMINATIONThere are 3 aims of cross examination1.To elicit further facts which are favourable to the cross examining party 2.To test and if manageable cast doubt on the evidence given by the witness in chief 3.To impeach the credibility of the witness.Cross examination the scope is wide one is allowed to ask leading questions, question a witness on previous testimony, it is not restricted in any way. A impregnable Advocate will never sink the virtue of courtesy.RE EXAMINATIONOnce you have examined your witness in chief, the other side cross-examines your witness. The re examination is a kind of retrieval process. This is when you try to heal the wounds that were opened up in cross examination. Most important, re-examination is strictly restricted to matters that arose at cross examination. The court also has powers to ask a witness questions for the purpose of clarifying points.SUBMISSION OF NO CASE TO ANSWERThe defendant may make a defence of no case to answer after the submission by the plaintiff. The Judge must resolve whether there is any evidence that would justify putting the defendants on their defence. Usually if the submission of no case to answer is not upheld, the case continues. If the court says that there is no case to answer, that ruling can be challenged on Appeal.TAKING DOWN EVIDENCEUsually evidence of witnesses is taken orally in open court under the direction of a Magistrate or Judge, it is normally written down in narrative form i.e. not question and answer form but where there is special reason, the evidence may be in question and answer form. The rule is that the court may on its motion taken down a particular question verbatim and the answer verbatim.Where either party objects to a question and the court allows it, then the court should record the question, the answer and the objection and the name of the person raising the objection and if they make a ruling they must also record the ruling of the objection raised. Tact is postulate as you may find that. Sometimes if you object too much you can irritate the Judge. target area only for important things.In the course of taking evidence, the court may also record remarks made by witnesses while under examination and normally after taking down the evidence the sample will sign that evidence. The courts can also record remarks and demeanour of a witness.PROSECUTION & ADJOURNMENT OF SUITS human beings policy documents that business of the court should be conducted expeditiously. It is of great importance and in the interest of justice that put to death should be brought to trial and finalised with minimum delay. Order XVI get 1 requires that hearing of cases should be on a day to day basis until all witnesses have testified. However this is not always possible and that is why the court may adjourn a hearing on its own motion or upon application by either of the parties where good course is shown. The rule requir es that adjournments can be granted where good cause is shownHabib V Rajput the plaintiff case came up for hearing, the advocates applied for adjournment on the grounds that their knob was absent for some unexplained reasons. The respondent opposed saying that his witnesses were already in court and had fall down from very far away and it was costing a few thousand shillings to keep them there per day. Was the plaintiffs reason good cause to adjourn. The court ruled that no sufficient cause was shown and the application for adjournment was dismissed. Kamil V. MeraliNO STEPS TAKEN Order XVI rationale 6Under Rule 6, where no application has been made or locomote taken for 3 years by either party, the court may order the suit to be dismissed but usually the application should show cause why the suit should not be dismissed. Any case which is dismissed under Rule 6 can be instituted afresh subject to rules of limitation.Victoria Construction Co. V. DugallThe court considered the me aning of steps taken within the meaning of Rule 6. the Case was filed in November 1958 and in 1960 the Applicant decided to refer the case to an arbitrator but attempts to resolve the dispute through arbitrement failed. The matter went to sleep until 1962 where the registrar asked the parties to show cause why the suit should not be dismissed. The Plaintiff contended that the steps to seek arbitration amounted to steps taken. The question was whether an agreement to refer the matter to arbitration was a step taken and the court held that that was not a step taken and the case was dismissed. In this case, the court explained1.That one has to satisfy the court that the suit is ready to proceed without delay. 2.One has to satisfy the court that the defendant will suffer no misfortune 3.That there has been none frequent inactivity by the Plaintiff.It is advisable at the time the case comes up for hearing to ask that it be stood over generally (SOG) to give you time to go to arbitratio n and if you are not ready, you can always go back to court and seek an extension. This way there is a step taken.CLOSING SPEECHYou are telling the court that you have presented your evidence, that you have proved that so and so is liable and you will also be telling the court that this is the law and if applied to the facts of your case then the law should support your prayers. You will be telling the court of past decisions that support your case. You will reconcile the facts, the law and past decisions that support your case. You make your case in the closing statements.