PART A
Brief facts
You are Counsel for Zara General (U) Ltd in view of the nature of their
interests in the matter and in view of paragraph 8 of the Plaint where it is stated
inter alia
“Detailed report of burial expenses and receipts to be produced at the
hearing”.
You have requested the Plaintiffs’ lawyer to avail the above but all in vain.
Issues
1. Whether Zara General (U) Ltd can give notice of inspection to the plaintiff?
2. What is the procedure, forum and documents necessary?
Law Applicable
1. The constitution of the Republic of Uganda 1995 as amended
2. The Civil Procedure Act Cap 282
3. The Civil Procedure Rules SI 71-1
4. Case law
Resolution
1. Whether Zara General (U) Ltd can give notice of inspection to the plaintiff?
It is trite law that any document referred to in a party’s pleadings or affidavits, the
other party may serve a notice on him requiring him to produce that document for
inspection. O10 r15.
Section 22(a) of the Civil Procedure Act stipulates that court may make such
orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts and the
discovery, inspection, production, impounding and return of documents or other
material objects producible as evidence.
Inspection thus entails both the examination of the documents on the list or on the
pleadings or affidavits and the taking away of copies.
A party who has served a list of documents on another party must allow the latter to
inspect the documents contained in the list, other than any which he objects to
produce, and to take copies. The list of documents will contain a notice at the end
specifying a time within three days after the service of the list when the inspection
may take place and the place of inspection. O10 r17(1)
If objection is taken to the production of any document, the notice must specify the
document and state the grounds of the objection. O10 r17(1).
The particulars as to the time for inspection must be reasonable. If the particulars
are unreasonable or if the party fails to make provision for inspection at all, the court,
upon application for an order supported by affidavit specifying;
(a) The documents of which inspection is sought.
(b) That in the deponent’s belief the documents are in the possession, custody or
power of the other party will make an order for inspection. O10 r18.
The court also has the power to order the production of documents to the court itself.
O10 rule14.
An order for inspection may be made before filing a defence as was held in
Diamond Concrete vs Patel [1969] EA 518
If a defendant does not comply with an order for discovery/ inspection, the court may
strike out the defence and enter judgment for the plaintiff and as a result shall be
placed in the same position as if he or she had not defended, and if a plaintiff does
not comply with an order, the court may dismiss action for want of prosecution.
O10r21
In the instants facts, Zara General (U) Ltd will have to first give notice to the plaintiff
for inspection to examine the detailed report of burial expenses and receipts and in
default, the defendant may apply for an order of inspection and non-compliance
would lead to the dismissal of the suit for want of prosecution.
2. What is the procedure, forum and documents necessary?
Procedure and document
Under O10 rule 16 the notice to any party to produce for inspection any documents
referred to in his or her pleading or affidavits shall take the Format of Form 7 of
Appendix B to the Rules, with such variations as circumstances may require.
An order of inspection is by way of chamber summons supported by an affidavit as
provided for under Order10 r24.
Notice of inspection to produce
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024
NATUKUNDA JOVELET MBABAZI ::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ZARA GENERAL (U) LTD :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT
NOTICE TO PRODUCE DOCUMENTS.
(Order X, rule 16 Civil Procedure Rules SI 71-1 as amended)
Take notice that the Defendant requires you to produce for his inspection the
following documents referred to in your Plaint dated the 3rd day of February, 2025.
1. Detailed report of burial expenses and receipts.
----------------------------------
COUNSEL FOR THE DEFENDANT
To: D&M Co. Advocates
LDC Kagugube
Kampala.
Drawn and filed by;
M/s Mutise Solicitors & Advocates,
Shree Ganesh Plaza,
Plot 24/26 Entebbe Road,
Level 2 Suite 10,
P.O Box 3706, Kampala.
Application for an inspection order
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
MISCELLANEOUS APPLICATION NO:……….OF 2025
[ARISING FROM CIVIL SUIT NO. 596 OF 2024]
ZARA GENERAL (U) LTD :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
NATUKUNDA JOVELET MBABAZI ::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
CHAMBER SUMMONS
(Under Section 98 of the Civil Procedure Act Cap.282 and Order10 rule 24 Civil
Procedure Rules SI-71-1 as amended)
LET ALL PARTIES CONCERNED attend the Judge in Chambers on the ……….day of
…….. 2025 at ………… O’clock in the forenoon or as soon thereafter as Counsel for the
Applicant may be heard for orders that;
1. An inspection order doth issue directing the Respondent/ Plaintiff produce copies
of the detailed report of the burial expenses and receipts listed in the Plaint dated
the 3rd day of February 2025.
2. Costs of this application be provided for.
TAKE NOTICE THAT this Application is supported by an Affidavit of Aloka James
Managing Director of Zara General (U) Ltd which contains more elaborating grounds
and shall be read and relied on at the hearing.
GIVEN under my hand and the seal of this court this …. Day of ……… 2025
…………………………………….
REGISTRAR
Extracted by:
D&M Co. Advocates
LDC Kagugube
Kampala
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
MISCELLANEOUS APPLICATION NO:……….OF 2025
[ARISING FROM CIVIL SUIT NO. 596 OF 2024]
ZARA GENERAL (U) LTD :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
NATUKUNDA JOVELET MBABAZI ::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I ALOKA JAMES C/o M/s D&M Co. Advocates, LDC Kagugube, Kampala- Uganda, do
solemnly make oath and state as follows;
1. THAT I am a male adult Ugandan of sound mind, the Managing Director to
Applicant in this application, familiar with the facts pertaining to this matter and
depone this affidavit in that capacity.
2. That the Respondent sued the Applicant vide Civil suit No.596 of 2024.
3. That the Respondent served on the Applicant summons to file a defence to wit
attached a copy of her plaint. (A copy the summons to file a defence hereto
attached and marked annexture ‘A’)
4. That under paragraph 8 of the Respondent’s plaint, she averred that she would
rely on the detailed report of burial expenses and receipts to which the same was
not attached.
5. That my Counsel have requested the Plaintiffs’ lawyer to avail the above but all in
vain.
6. That through my counsel, I notified the Respondent to produce the detailed
report of burial expenses and receipts and has defaulted on the same. (A copy
of the notice to produce for inspection hereto attached and marked
annexture ‘B’)
7. That I have sought the legal advice of my Counsel, M/s D&M Co. Advocates,
who advised me to seek a remedy from this honourable court through applying
for an order of inspection of the Respondent’s listed documents to the plaint.
8. That the Applicant is entitled to inspect the said documents.
9. That I opine that the said documents are in possession or power of the
Respondent.
10. That I swear this Affidavit in support of my Application for grant of an order of
inspection in this Honourable Court.
11. That whatever is stated herein above is true and correct to the best of my
knowledge and belief except for information the source of which is herein above
disclosed.
12. That it is in the best interests of justice that this honourable be pleased to grant
this order in favour of the Applicant.
SWORN at FORTPORTAL this _______day of ______________2025
By the said ALOKA JAMES
__________________________
DEPONENT
BEFORE ME:
________________________________
A COMMISSIONER FOR OATHS
Drawn and filed by;
D&M Co. Advocates
LDC Kagugube
Kampala.
