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

'The place and mode of trial is usu every last(predicate)y determined by type of trial and proceedings. If you organise an action by summons, then you leave alone be heard in Chambers.\r\nProcedure 1 †where defendant elects non to call curtilage\r\nThe Plaintiff or advocate engages an open rescue constitutered to sometimes as an opening line. later that the complainant peaches atomic number 18 called, examenined target examined and re-examined. aft(prenominal) that the plaintiff or his advocate sums up the skidful by making a shutd pro tryout speech. After that the defendant states their case and give births a finale speech.\r\nProcedure 2 †Defence elects to call conclusion\r\nAdvocates for the plaintiff exploits an opening statement, the plaintiff witnesses are called, examined, cross-examined and re-examined. After that the defendant’s counsel makes an opening statement. After that the defendant’s witnesses are called, examined, c ross examined and re examined. After the Plaintiff or his advocate sums up the case by making the resolution speech. thereafter the defendant sums up the case and makes a closing speech also. The Defendant bottomland reply to the plaintiff’s closing. The reply solo covers new ground.\r\nIn cases where there are many defendants and many plaintiffs the homogeneous procedure leave alone apply ba bank if the defendants are represented separately, then the counsels testament separately make their patiences separately by recount of appearance. Cross mental testing of witness will also follow the order in which they proceed. Co plaintiffs will unremarkably be represented by the same counsel.\r\nWho has the right to go about the case? bon ton xviI draw rein 1\r\nThe plaintiff or the appli peckt has the right to go about. Of dustup there are certain exceptions to that right to begin. 1.Where the Defendant admits the facts alleged by the plaintiff just now raises an remonstrance on a part of rightfulness. In such(prenominal) a case the defendant should be empower to begin by generateting on that part of the law. For example, mull over unmatchable raises a supplication of Res Judicata? In such a case one preserve say that they perk up sued the defendant by they have raised an dissent 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 channel of law. However it is advisable that one should always put it in the p pencil leads whatever plea they set apart to raise.\r\n2.Where the Defendants admits the facts alleged by the plaintiff but states that the plaintiff is non entitled to the relief that they prove for example drawn from Seldon v. Davidson in which case the plaintiff brought proceedings for recovery of a debt. In their disaffirmation the defendants admitted that they received the capi tal from the plaintiff but pleaded that the money was a gift. In this case the defendant has a right to begin.\r\nSuppose there are some(prenominal) issues? May be it could be many varied parties and there is a divergence as to who should have the right to begin? The coquet will figure that the caller with the burden of proving the majority of issues shall begin. OPENING description\r\nWhat should it subscribe to\r\nIt is usually a brief specify of each the defendant’s or the plaintiff’s case, usually it will state the facts simply. They will be recounting the coquet the witness that they intend to call and will be giving a preview of what they intend to prove. Usually this is an introduction to the estimable trial and it is important that it is interesting, logical, believable and in a narrative approach pattern. Usually it is not necessary for the mark to accede the opening speeches unless one raises a point of law. It is important that a note should be do in the judiciary record that an opening speech was make. an opening speech moldiness not contain shew. It should just be limited to a statement of basic facts that the parties intend to prove or rely on as defense.\r\nAfter you make the opening statements, you move on to mental test in drumhead.\r\n interrogation OF WITNESSES\r\nExamination in Chief\r\nWhen you call a witness there are 3 stages\r\n1.Examination in knob\r\n2.Cross Examination\r\n3.Re interrogative\r\nExamination in Chief\r\nThe object of examination in chief is to elicit facts that are favourable to the case of the party calling the witness. In other words the exam in chief is when you gesture your first witness. sometimes the plaintiffs themselves. Normally they will be giving manifest that will be favourable to their case. It is governed by deuce rules (a)The witness cannot be pick outed lead questions †these are questions that extract the settle expected of that person. For example you cann ot ask Was your business enterprise running into financial difficulties last division? 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 attacking manner. Usually at cross examination you can attack but you cannot do that to your own witness. If your witness turns hostile, you can ask the butterfly to keep the witness a hostile witness and formerly the motor hotel does that, you can then attack the witness.\r\nWhen a witness is declared hostile\r\n(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 verity and even their past character and previous convictions. (iv)You can also be able to examine on certain issues by leave of the judge e.g. you can question the hostile witness on statements they made previously which is uneven wi th their present testimony. This can uphold to supply that the witne3ss is giving conflicting evidence which the philander 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 credibility and buzz off the witness statement.\r\nCROSS EXAMINATION\r\nThere are 3 aims of cross examination\r\n1.To elicit except facts which are favourable to the cross examining party; 2.To test and if thinkable cast doubt on the evidence given by the witness in chief; 3.To impeach the credibility of the witness.\r\nCross examination †the electron orbit is wide one is allowed to ask leading questions, question a witness on previous testimony, it is not restricted in any way. A wide-cut Advocate will never forget the moral excellence of accostesy.\r\nRE EXAMINATION\r\nOnce you have examined your witness in chief, the other side cross-examines your wi tness. The re examination is a kind of retrieval process. This is when you try to meliorate the wounds that were opened up in cross examination. most important, re-examination is strictly restricted to numerates that arose at cross examination. The address also has powers to ask a witness questions for the resolve of clarifying points.\r\nSUBMISSION OF NO CASE TO cause\r\nThe defendant may make a defence of no case to make out after the submission by the plaintiff. The Judge must decide 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 butterfly says that there is no case to answer, that ruling can be challenged on Appeal.\r\nTAKING DOWN EVIDENCE\r\nUsually evidence of witnesses is taken orally in open address under the direction of a Magistrate or Judge, it is normally written agglomerate in narrative form i.e. not question and answer form but wh ere 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.\r\nWhere 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 required as you may find that. Sometimes if you object excessively much you can irritate the Judge. Object only for important things.\r\nIn the campaign of taking evidence, the court may also record remarks made by witnesses while under examination and normally after taking down the evidence the judge will sign that evidence. The courts can also record remarks and doings of a witness.\r\nPROSECUTION & ADJOURNMENT OF SUITS\r\n cosmos policy documents that business of the court should be conducted expeditiously. It is of not bad(p) importance and in the interest of justice that carry through should be brought to trial and finalised with minimum delay. Order XVI obtain 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 requires that adjournments can be granted where good cause is shown\r\nHabib V Rajput the plaintiff case came up for hearing, the advocates applied for adjournment on the grounds that their node was absent for some unexplained reasons. The respondent irrelevant saying that his witnesses were already in court and had find from very far away and it was costing a few thousand shillings to keep them there per day. Was the plaintiff’s reason good cause to adjourn. The court ruled that no sufficient cause was shown and the application for adj ournment was dismissed. Kamil V. Merali\r\nNO STEPS TAKEN †Order XVI Rule 6\r\nUnder 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 put forward to rules of limitation.\r\nVictoria Construction Co. V. Dugall\r\nThe court considered the meaning of travel taken within the meaning of Rule 6. the skid 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 vertical flute 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 explained\r\n1.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 ill; 3.That there has been none frequent inactivity by the Plaintiff.\r\nIt is advisable at the time the case comes up for hearing to ask that it be stood over in general (SOG) to give you time to go to arbitration and if you are not ready, you can always go backwards to court and seek an extension. This way there is a step taken.\r\nCLOSING SPEECH\r\nYou 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 l aw and past decisions that support your case. You make your case in the closing statements.\r\n'