20 Nov

magistrate courts in uganda

Certified copies for every page The judiciary is mooting plans to promote mediation in courts of law to help in reducing the case backlog across the country. Lira Restrictions on office bearers. (2)If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the penalty by issuing a warrant for the attachment and sale of the movable property belonging to such person, or his or her estate if the person is dead. Constitution of courts Kaberamaido Kitgum and Lamwo Districts Driving a motor vehicle with blood alcohol concentration above the prescribed limit. s. 370 If a person committed for trial by the High Court is on bail granted by any. Kabale Punishment for kidnapping. (4)A notice shall be served upon the person whose property was, by the warrant issued under section 182, directed to be attached, and, unless the property is to be applied to the payment of a fine, upon the person entitled to the proceeds of the sale of the property; the notice shall specify the time and place fixed for the appearance of the objector and shall direct the person upon whom the notice is served to appear before the court at the same time and place if he or she wishes to be heard upon the hearing of the objection. (1)Any offences, whether felonies or misdemeanours, may be charged together in the same charge if the offences charged are founded on the same facts or form or are a part of a series of offences of the same or a similar character. Judgment (1)When a person is charged in a magistrate’s court with an offence to be tried by the High Court, the Director of Public Prosecutions shall file in the magistrate’s court an indictment and a summary of the case signed by him or her or by an officer authorised by him or her in that behalf acting in accordance with his or her general or special instructions. Manafwa and Bududa Districts Civil appeals 10. No. In the ____________________court of _________________________________Civil Case. The Industrial Court of Uganda is an established Court under the Labour Disputes (Arbitration and Settlement) Act, 2006 Cap 224, (LADASA),Laws of Uganda, section 7. (1)Where there are more persons than one having the same interest in one suit or cause of action, one or more of those persons may on the written authority under the hand of each of the interested persons and with the permission of the court, sue or be sued, or may defend in such suit, on behalf of all persons so interested. (4)The provisions of subsection (3) shall be in addition to, and not in derogation of, the provisions of section 40(3) and (4) of the Criminal Procedure Code Act.177. [section 179 repealed by section 8 of Act 7 of 2007]180. 120) Appeals under other written law Wrongful confinement. Service of process outside limits of jurisdiction 79. Yumbe District Where a charge has been brought against a person in a court having no jurisdiction to try the offence with which he or she is charged, the magistrate shall remand the accused person in custody to appear before a court having jurisdiction to try that offence.167. In September 2019, Uganda and Ireland … Power of magistrate to apply for issue of commission s. 277 Inspection: Without prejudice to the generality of subsection (1), a chief, All such writs and documents and all exemplifications and copies of them purporting to be sealed with the seal of any. Supervisory powers of chief magistrates Judiciary transfers 18 Registrars, Magistrates in latest changes. s. 124 ____________ of 20 ___________________________________________________,Plaintiffversus_______________________________________________,DefendantTo:______________________________________________________________________________________________________________________________________________________________________________Whereas your attendance is required as a witness on behalf of the ___________________________ in the above suit, you are required to appear before this court on the _______ day of ____________________, 20 ____ at _____________ o’clock in the forenoon and to bring with you (or to send to this court)Dated this ___________ day of ___________, 20 ____.MagistrateForm 2 s. 110 Construction of sections 145 to 155 Nonappearance of either party Nonappearance of either party If on the dismissal of any private prosecution by a magistrate’s court, the court shall be of opinion that the charge was frivolous or vexatious, the court may order the private prosecutor to pay to the accused person, in addition to his or her costs, a reasonable sum as compensation for the trouble and expense to which the person may have been put by reason of the charge.197. Res judicata 2,000 or part thereof Order for compensation for material loss or personal injury When a person is charged with manslaughter in connection with the driving of a motor vehicle by him or her and the court is of opinion that he or she is not guilty of that offence but is guilty of an offence under section 2, 3 or 4 of the Traffic and Road Safety Act, 1970, he or she may be convicted of one of those offences although he or she was not charged with them, whether or not the requirements of section 159 of the Traffic and Road Safety Act, 1998, (relating to notice of prosecutions) have been satisfied as regards any such offence.150. 2. Chief Magistrate - BuliisaMagistrate Grade 1 - BiisoMagistrate Grade 1 - BuliisaMagistrate Grade 1 - ButyabaMagistrate Grade 1 - Wanseko ________________ of 20______________________________________________versus_____________________________________To:The officer in charge of the prison at __________________________________Whereas _______________________________ has been brought before this court this ___________ day of _______________, 20 ____ under a warrant in execution of a judgment which was pronounced by this court on the ___________ day of ___________, 20 ____, and by which judgment it was ordered that the _______________ should pay the sum of shs. Kumi 30 Soroti and Sererc Districts Plaintiff (3)In civil causes or matters where no express rule is applicable to any matter in issue, a magistrate’s court shall be guided by the principles of justice, equity and good conscience.11. s. 70 5,000 s. 124 Committal for trial by High Court If that person is a woman, the provisions of section 8 of the Criminal Procedure Code Act shall be observed.73. Chief Magistrate - KumiMagistrate Grade 1 - BukedeaMagistrate Grade 1 - KachumbalaMagistrate Grade 1 - KanyumMagistrate Grade 1 - KumiMagistrate Grade 1 - MukuraMagistrate Grade 1 - Ngora Procuration. Chief Magistrate - HoimaMagistrate Grade 1 - BuserukaMagistrate Grade 1 - HoimaMagistrate Grade 1 - KabwoyaMagistrate Grade 1 - KigorobyaMagistrate Grade 1 - Kyangwali (3)A magistrate who declares the amount of a bond to be forfeited may, instead of adjudging any person to pay the whole sum in which he or she is bound, adjudge that person to pay part only of the sum or may remit the sum. (2)Where a hearing is adjourned under this section, the court shall appoint a time and place for the resumption of the proceedings; and in the meantime the court may, subject to section 75(1), suffer the accused person to go at large or may, by warrant, remand him or her in some prison, remand home or other suitable place, or may release him or her upon entering into a recognisance with or without sureties, at the discretion of the court, conditioned for his or her appearance at the time and place to which the hearing or further hearing shall be adjourned; but no such adjournment shall be for more than thirty clear days, or if the accused person has been committed to prison or other place of security, for more than fifteen clear days, the day following that on which the adjournment is made being counted as the first day.123. In criminal cases, a magistrate’s court may promote reconciliation, and encourage and facilitate the settlement in an amicable way, of proceedings for assault, or for any other offence of a personal or private nature, not amounting to felony and not aggravated in degree, in terms of payment of compensation or other terms approved by the court, and may, thereupon, order the proceedings to be stayed.Part XV – Criminal jurisdiction of magistrates courts Mbarara District Reservation of question of law 85. 19. commit that person to prison if he or she fails to execute a new bond for an increased amount. Execution of court order 45. In the ___________________court of ___________________Civil Case. Sometimes Magistrates exercise jurisdiction in . Power to appoint prosecutors s. 12 (1)Subject to any rules which may be made under this section, the evidence of a witness in a trial (other than a trial under section 142 or 143 by a magistrate—(a)shall be taken down in writing in the language of the court by the magistrate, or in his or her presence and hearing and under his or her personal direction and superintendence, and shall form part of the record; and(b)shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative, except that the magistrate may, in his or her discretion, take down or cause to be taken down any particular question and answer. s. 372 (2)Where more than one offence is charged in a charge, a description of each offence so charged shall be set out in a separate paragraph of the charge called a count. Kidnapping or abducting with intent to confine. No. s. 292 Chief Magistrate - ApacMagistrate Grade 1 - AdukuMagistrate Grade 1 - ApacMagistrate Grade 1 - ChawenteMagistrate Grade 1 - ChegereMagistrate Grade 1 - IbujeMagistrate Grade 1 - InomoMagistrate Grade 1 - Nambieso Where a person has a permanent dwelling at one place and also a temporary residence at another place, he or she shall be deemed to reside at both places in respect of any cause of action arising at the place where he or she has a temporary residence. (5)Any person ordered to give security for good behaviour under this section may appeal to the High Court.23. (1)Subject to subrule (2) of this rule, any application, appearance, or act in any court required or authorised by law to be made or done by a party in that court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person or by his or her advocate. (2)Every witness summons shall be forwarded with a sum of money sufficient to cover the witness’s travelling and subsistence expenses. When a magistrate acting under section 12, 13, 14 or 15 deems it necessary to require any person to show cause under such section, the magistrate shall make an order in writing setting forth—(a)the substance of the information received;(b)the amount of the bond to be executed;(c)the term for which it is to be in force; and(d)the number, character and class of sureties, if any, required.17. s. 366 (2)Where a person is convicted of more than one offence at the same time and is sentenced to pay a fine in respect of more than one of those offences, then the court may order that all or any of those fines may be noncumulative.193. The Narcotic Drugs and Psychotropic Substances (Control) Act, No. If any person committed to prison for nonpayment shall pay any sum in part satisfaction of the sum adjudged to be paid, the period of his or her imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the person is committed, as the sum so paid bears to the sum which he or she is liable. Gomba District (1)Whenever any building or other place liable to search is closed, any person residing in or being in charge of that building or place shall, on demand of the police officer or other person executing the search warrant, and on production of the warrant, allow him or her free ingress to it and egress from it and afford all reasonable facilities for a search in it. (1)If on the day fixed for the hearing or any date to which the hearing of a suit is adjourned, neither party appears, the court may order that the claim be dismissed. Committing or attempting to commit certain offences while armed. If service in the manner provided by sections 45 and 46 cannot, by the exercise of due diligence, be effected, the serving officer shall affix the duplicate of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served. (1)If on the day fixed for the hearing or any date to which the hearing of a suit is adjourned, neither party appears, the court may order that the claim be dismissed. Firearms Act (Cap. That landholder, farmer or manager shall acknowledge in writing the receipt of the warrant and shall execute it if the person for whose arrest it was issued is in or enters on his or her land or farm or the land under his or her charge. Assaults on person protecting wreck. (2)Without prejudice to section 100, the court may presume—(a)that the signature on any such report as is mentioned in subsection (1) is genuine and that the person signing it held the office which he or she professed to hold at the time when he or she signed it; and(b)that any matter or thing to which the report relates has, if it is proved to have been delivered at the office or laboratory specified in the report, been duly submitted for examination or analysis. In suits arising out of contract, the cause of action arises within the meaning of this section at any of the following places—. Any process issued by the court under this rule for the execution of its order, decree, or the enforcement of a judgment debt shall be executed by an officer, chief or employee of the Government, or the council of a district or such other person within the jurisdiction of the court as the court may appoint. A warrant of arrest may be directed to one or more police officers or chiefs named in it or generally to all police officers or chiefs. 50 Where an offender has been committed for sentence to a court under the provisions of section 164, the court shall inquire into the circumstances of the case and shall, subject to any limitation in any written law, have power to deal with the offender as if he or she had been convicted by that court. Masindi Rules for framing of charges Suit in name of wrong plaintiff Where the court declares that a witness called by a party is hostile to that party (whether because his or her testimony in court conflicts with any statement he or she has made during the police investigation or for any other reason), it may permit the party to conduct the examination-in-chief by that party as if it were a cross-examination and may determine the order of the witness’ examination by the other parties.130. (1)When a magistrate issues a summons in respect of any offence other than a felony, the magistrate may, if he or she sees reason to do so, dispense with the personal appearance of the accused, subject to the accused pleading guilty in writing addressed to the court prior to the trial or to his or her appearance at the trial by an advocate. Nonappearance of plaintiff (5)There shall be a “call day” for the panel of assessors appointed under subrule (4) at least once every month, on which day the two assessors for every particular suit shall be chosen by the magistrate subject to subrules (8) (9) and (10). The Minister may, after consultation with the Chief Justice, by statutory instrument, amend the First, Second or Third Schedule to this Act. (3)If the case is one in which bail may be taken, the court may release the accused person on sufficient security being given that he or she will be properly taken care of and prevented from doing injury to himself or herself or to any other person, and for his or her appearance before the court or such officer as the court may appoint for that purpose. s. 368 Performing fraudulent marriage ceremony. s. 356 Ibanda (1)In the hearing of any suit, the magistrate may, if he or she deems it fit, and shall, at the request of either party in suits involving land disputes, divorce proceedings in a customary marriage, custody of children under customary law or the recovery of dowry, summon to his or her assistance two assessors chosen under subrule (4). Witness Summons In the ____________________court of _________________________________, Civil Case. 89. Name of Magisterial Area Kaberamaido District s. 356 (4)For the purpose of limitation, the proceedings as against any person joined or substituted as defendant shall be deemed to have begun on the service of the summons on him or her.11. 31. s. 124 On the appearance of both parties before the court, the defendant shall be asked by the magistrate whether or not he or she admits the claim of the plaintiff, and—(a)if the defendant admits the claim in its entirety, judgment shall be forthwith given for the plaintiff; or(b)if the defendant does not admit the claim or admits it only in part, the court shall proceed to hear the evidence of the parties.24. Kyenjojo Driving while disqualified or without driving permit. (4)Any order made under subsection (3), other than an order directing the release of a person convicted, may at any time be varied or discharged by the Minister and—(a)the order so made shall be sufficient authority for the removal of the person to whom it relates to the place of detention specified in the order so made or varied and for his or her detention there; or(b)any person removed or detained under the authority of any such order shall be deemed to be in lawful custody.Part XIV – Provisions relating to the hearing and determination of criminal cases Chief Magistrate - AruaMagistrate Grade 1 - AdumiMagistrate Grade 1 - ArivuMagistrate Grade 1 - AruaMagistrate Grade 1 - LogiriMagistrate Grade 1 - Madi- OkoloMagistrate Grade 1 - OkoloMagistrate Grade 1 - Rhino CampMagistrate Grade 1 - Odravu s. 359 Causing bodily injury or death through careless driving. Bigamy. Kira Town Council, Kyadondo and Wakiso District Attempt to cast away ships. Defence Yumbe District 5. 65. Stupefying in order to commit a felony.

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