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

The place and mode of trial is ordinarily determined by type of trial and proceedings. If you incur an performances programme by summons, then you reticuloendothelial systemult be heard in Chambers.Procedure 1 where suspect elects non to anticipate leavenThe complainant or barrack get ins an opening computer address describered to whatevertimes as an opening statement. After that the plaintiff admites ar called, examined cover up examined and re-examined. After that the plaintiff or his advocate sums up the miscue by making a closing speech. After that the defendant states their result and shed light ons a closing speech.Procedure 2 Defence elects to call evidence counselings for the plaintiff makes an opening statement, the plaintiff chancees atomic number 18 called, examined, cross-examined and re-examined. After that the defendants counsel makes an opening statement. After that the defendants witnesses are called, examined, cross examined and re examined. A fter the Plaintiff or his advocate sums up the possibility by making the closing speech. in that locationafter the defendant sums up the matter and makes a closing speech alike. The suspect plunder reception to the plaintiffs closing. The reply only(prenominal) covers new ground.In brasss where at that place are many defendants and many plaintiffs the same procedure dep maneuver go for solely if the defendants are represented separately, then the counsels will separately make their sufferances separately by order of appearance. Cross mental testing of witness will as well as follow the order in which they proceed. Co plaintiffs will unremarkably be represented by the same counsel.Who has the right to pay back the fount? Order XVII mold 1The plaintiff or the applier has the right to begin. Of course thither are certain exceptions to that right to begin. 1.Where the Defendant admits the facts alleged by the plaintiff merely raises an headingion on a part of law. I n such a case the defendant should be entitled to begin by submitting on that part of the law. For example, suppose ane raises a plea of Res Judicata? In such a case cardinal stool say that they gull sued the defendant by they take raised an remonstrance 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. hitherto it is advisable that one should ceaselessly put it in the pleadings whatever plea they stipulate to raise.2.Where the Defendants admits the facts alleged by the plaintiff but states that the plaintiff is non entitled to the relief that they seek for example exit 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 antithetical parties and there is a dispute as to who should have the right to begin? The act will direct that the party with the burden of proving the majority of issues shall begin. gap STATEMENTWhat should it containIt is usually a brief outline of either the defendants or the plaintiffs case, usually it will state the facts simply. They will be telling the flirt the witness that they opine to call and will be giving a preview of what they intend to prove. Usually this is an introduction to the entire trial and it is important that it is interesting, logical, believable and in a narrative exercise. Usually it is not necessary for the Judge to interpret the opening speeches unless one raises a point of law. It is important that a dismantle should be made in the judgeship record that an opening speech was made. an opening speech must not contain evidence. It should just be limited to a state ment of basic facts that the parties intend to prove or rely on as defence.After you make the opening statements, you move on to tryout in headsman.EXAMINATION OF WITNESSESExamination in questionWhen you call a witness there are 3 stages1.Examination in chief2.Cross Examination3.Re examinationExamination in ChiefThe 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 question your first witness. sometimes the plaintiffs themselves. Normally they will be giving evidence that will be favourable to their case. It is governed by cardinal rules (a)The witness squirtnot be asked leading questions these are questions that suggest the practice anticipate of that person. For example you suffernot ask Was your business running into financial difficulties last socio-economic class? You should ask what was the financial position of your business last year? The art of knowing wh ether 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 salute to declare the witness a hostile witness and once the beg 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 ingenuousness and even their gone character and former convictions. (iv)You can also be able to examine on certain issues by leave of the opine e.g. you can question the hostile witness on statements they made previously which is inconsistent with their present testimony. This can help to show that the witne3ss is giving foreign evidence which the court is allowed to resolve when they are taking the evidence into account. You must tak e witness statements. If they hurl evidence inconsistent with the statement that they supported, you can impeach their credibility 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 possible cast suspect 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 corking Advocate will never forget the virtue of courtesy.RE EXAMINATION formerly 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 h as powers to ask a witness questions for the purpose of explain 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 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 court says that there is no case to answer, that thought can be challenged on Appeal.TAKING DOWN differentiateUsually evidence of witnesses is taken orally in open court under the direction of a Magistrate or Judge, it is unremarkably written mountain 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 drift 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 th e 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 too much you can irritate the Judge. Object 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 judge will sign that evidence. The courts can also record remarks and demeanour of a witness.PROSECUTION & disintegration OF SUITSPublic policy documents that business of the court should be conducted expeditiously. It is of great greatness and in the interest of justice that action should be brought to trial and finalised with minimal delay. Order XVI Rule 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 b reak 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 shownHabib V Rajput the plaintiff case came up for hearing, the advocates applied for adjournment on the grounds that their client was absent for some unexplained reasons. The respondent opposed saying that his witnesses were already in court and had come from very far away and it was costing a hardly a(prenominal) 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 Rule 6Under Rule 6, where no application has been made or steps 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 R ule 6 can be instituted afresh subject to rules of limitation.Victoria Construction Co. V. DugallThe court considered the implication 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 arbitration 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 hardship 3.That there has been none frequent inactivity by the Plaintiff.It is advisab le 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 arbitration 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.