Ashaba-Ahebwa Mark on Civil Law in the Ugandan Jurisdiction Essay
The topographic point and manner of test is normally determined by type of test and proceedings. If you make an application by biddings. so you will be heard in Chambers.
Procedure 1 – where suspect elects non to name grounds
The Plaintiff or recommend makes an gap address referred to sometimes as an gap statement. After that the complainant informants are called. examined cross examined and re-examined. After that the complainant or his advocator amounts up the instance by doing a shutting address. After that the Defendant states their instance and makes a shutting address.
Procedure 2 – Defence elects to name grounds
Advocates for the complainant makes an opening statement. the complainant informants are called. examined. cross-examined and re-examined. After that the defendant’s advocate makes an opening statement. After that the defendant’s informants are called. examined. cross examined and rhenium examined. After the Plaintiff or his advocator amounts up the instance by doing the shutting address. Thereafter the suspect sums up the instance and makes a shutting address besides. The Defendant can answer to the plaintiff’s shutting. The answer merely covers new land.
In instances where there are many suspects and many complainants the same process will use but if the suspects are represented individually. so the advocates will individually do their entries individually by order of visual aspect. Cross scrutiny of informant will besides follow the order in which they proceed. Co complainants will usually be represented by the same advocate.
Who has the right to get down the instance? Order XVII Rule 1
The complainant or the applier has the right to get down. Of class there are certain exclusions to that right to get down. 1. Where the Defendant admits the facts alleged by the complainant but raises an expostulation on a portion of jurisprudence. In such a instance the suspect should be entitled to get down by subjecting on that portion of the jurisprudence. For illustration. say one raises a supplication of Res Judicata? In such a instance one can state that they have sued the suspect by they have raised an expostulation on the portion of the jurisprudence a and in this instance. the Defendant has the right to get down on a supplication of RESs judicata. Or the Defendant raises the supplication of restriction. they have the right to subject on that point of jurisprudence. However it is advisable that one should ever set it in the pleadings whatever supplication they intend to raise.
2. Where the Defendants admits the facts alleged by the complainant but states that the complainant is non entitled to the alleviation that they seek for illustration drawn from Seldon v. Davidson in which instance the complainant brought proceedings for recovery of a debt. In their defense mechanism the suspects admitted that they received the money from the complainant but pleaded that the money was a gift. In this instance the suspect has a right to get down.
Suppose there are several issues? May be it could be many different parties and there is a difference as to who should hold the right to get down? The tribunal will direct that the party with the load of turn outing the bulk of issues shall get down. Opening Statement
What should it incorporate
It is normally a brief lineation of either the defendant’s or the plaintiff’s instance. normally it will province the facts merely. They will be stating the tribunal the informant that they intend to name and will be giving a prevue of what they intend to turn out. Normally this is an debut to the full test and it is of import that it is interesting. logical. credible and in a narrative signifier. Usually it is non necessary for the Judge to enter the gap addresss unless one raises a point of jurisprudence. It is of import that a note should be made in the tribunal record that an gap address was made. an gap address must non incorporate grounds. It should merely be limited to a statement of basic facts that the parties intend to turn out or trust on as defense mechanism.
After you make the gap statements. you move on to scrutiny in head.
Examination OF WITNESSES
Examination in Chief
When you call a informant there are 3 phases1. Examination in head2. Cross Examination3. Re scrutiny