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2024-2025 Civil Procedure Holiday Package

The document outlines tasks for the Diploma in Law course for the 2024/2025 academic year, focusing on civil procedure. It includes questions on various topics such as the meaning of civil procedure, mediation, filing a suit, drafting legal documents, and the trial process. Additionally, it lists sources of civil procedure law in Uganda and specifies submission guidelines for students.
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0% found this document useful (0 votes)
35 views5 pages

2024-2025 Civil Procedure Holiday Package

The document outlines tasks for the Diploma in Law course for the 2024/2025 academic year, focusing on civil procedure. It includes questions on various topics such as the meaning of civil procedure, mediation, filing a suit, drafting legal documents, and the trial process. Additionally, it lists sources of civil procedure law in Uganda and specifies submission guidelines for students.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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LAW DEVELOPMENT CENTRE

DEPARTMENT OF LAW AND CONTINUING LEGAL EDUCATION

DIPLOMA IN LAW COURSE 2024/2025 ACADEMIC YEAR

CIVIL PROCEDURE

TASKS FOR THIRD TERM

1) What is the meaning and purpose of civil procedure?

2) Using examples, explain the contents of a plaint and a defence.

3)

(i) Explain the meaning of mediation.

(ii) How is mediation done?

(iii) What are the advantages of mediation?

(iv) What are the challenges which mediators face during mediation?

4) Explain the procedural steps that are followed in filing a suit in Court.
5) Mukombozi Peter entered into a contract on the 15 th September 2022 to
supply 100 Kilograms of coffee to Malibu Esther at a consideration of
45,000,000/= (Fourty five million shillings), Mukombozi supplied the said
coffee however Malibu Esther only paid a deposit of 3,000,000/= (Three
million shillings) leaving a balance of 42,000,000/= (forty two million
shillings) that ought to have been paid by the 16th day of October 2022.
(i) Mukombozi Peter has approached you as counsel to help him draft
a notice of intention to sue
(ii) In the event that Malibu Esther does not respond to the demand
notice, explain to him which court has jurisdiction to preside over the
case
(iii) Explain to Mukombozi Peter whether he is within time to file the said
suit against Malibu Esther

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(iv) Proceed and draft the necessary document in court to enable
Mukombozi Peter to recover the said monies

6) On the 3rd day of December 2024 His Worship Omunubule Pius delivered
judgment in Mengo Chief Magistrates Court civil Suit No.100 of 2021
Madibo Emma Vs Oketch Phillipo wherein he entered judgment in favour
of the Plaintiff Madibo Emma as follows,

i) That the defendant pays the plaintiff 40,000,000/= as special damages


ii) That the defendant pays general damages of 4,000,000/=
iii) That the defendant pays costs of the suit

a) Outline the contents of a decree and proceed to draft a decree in the


said matter

b) The judgment creditor is desirous of commencing execution proceedings


following failure by the judgment debtor to pay the decretal sums and has
since discovered that the judgment debtor holds account No.
04128974578 in Equity Bank, Ntinda Branch with an account balance of
about 50,000,000/=

Proceed and draft an application for execution on behalf of the judgment


creditor.

7) Using examples explain the meaning and importance of a cause of action.

8) (a) Explain the meaning of scheduling conference and how it is done?

(b) What are the advantages of scheduling conference?

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9) Who has the capacity to sue or be sued?

10) (a) Explain the procedure for service of summons on the following:

(i) a person (natural)


(ii) a company
(iii) a soldier (UPDF)
(iv) a prisoner
(v) a partnership
(vi) Attorney General

11) . Explain the meaning and procedure for substituted service.

12) Explain the procedure that must be followed in proving service of summons.

13) Assume you are a process server attached to Makindye Chief Magistrates
Court, On the 3rd day of December 2024 you received summons in Mengo Chief
Magistrates Court, Civil Suit 289 of 2024, Miguel Bitulibingi Vs Sserunkuma
Trevor from counsel for the plaintiff instructing you to effect service on the
defendant, he has informed you that the defendant works with Exquisite Décor
located at Ntinda Shopping Centre suite 23 and his phone number is 000000123.

i. Explain the steps you would take to serve Sserunkuma Trevor with the
said summons

ii. Explain the document that you are required to file in court as proof that you
have served Sserunkuma Trevor

iii. Proceed and draft the said document described in (ii)

14). What is the civil jurisdiction of the following courts?

(a) Supreme Court


(b) Court of Appeal
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(c) Constitutional Court
(d) High Court
(e) Chief Magistrates Court
(f) Magistrate Grade I
(g) Magistrate Grade II
15. Explain the trial process in civil proceedings.
16. Explain the contents of the following:
(a) Judgment
(b) Decree
17. List the items that are liable to attachment and those that are not liable to
attachment.
18. List the items that must be included in an application for execution of a
decree.
19. Explain all the modes of execution of a decree.
20. (a) What is the definition of an appeal?
(b) Does an aggrieved party in a civil matter have a right of appeal?
(c) What is the procedure for institution of a civil appeal?
(d) Explain the contents of a memorandum of appeal?
(e) What is time within which an appeal should be lodged?
21. (a) Define revision
(b) Which Court has jurisdiction to revise a decision?
(c) What are the grounds of revision?
(d) What is the procedure for commencement of revision?
22. What are the conditions that must be satisfied by a party in order to be
granted a temporary injunction?

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Some of the sources of Civil Procedure
 The Constitution of the Republic of Uganda, 1995
 Civil procedure Rules (CPR) SI 71-1
 Civil Procedure Act Cap.282
 Magistrates Court Act Cap. 19
 The Judicature Act Cap. 16
 The Limitation Act Cap. 290.
 Government Proceedings Act Cap. 287
 Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap. 283

Note:

 Each student is expected to hand in his or her work to the


Department of Law and Continuing Legal Education in the first Week
of Third Term.

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