Put in place to fast track simple cases in the court system that can be argued out by the litigants themselves, the Small Claims Procedure (SCP) has registered great successes.
It emerged in the second quarter review of SCP in Kampala on June 19 that over Shs1 billion (Shs1,093,627,000) has so far been recovered under the fast track access to justice programme between the months of March and May.
There is a significant improvement in performance in the 11 courts where SCP was piloted, according to H/W Olive Kazaarwe Mukwaya, the acting registrar of Judiciary’s Planning and Development Unit. She presented a statistical report showing performance of SCP between February and May this year.
"The number of cases registered for Small Claims Procedure depict a steady growth against the Civil Suits registered in the Normal Court Procedure for the period under review,” she said.
On average, 200 cases are filed under SCP on a monthly basis. In the last quarter, it was observed that litigants with small claims have increasingly been opting out of the mainstream court registry for SCP.
Court of Appeal’s Hon. Justice Geofrey Kiryabwire, the chairperson of SCP programme, urged the judicial officers who have benefitted from SCP trainings to become trainer of trainers so as to achieve effective delivery of services.
He applauded the initiative saying the Shs1b was proof that SCP has opened the door to put money back in the economy. Justice Kiryabwire said, "This is an indication that we are improving access to justice and the way business is conducted.”
SCP money as collateral
Stakeholders at the meeting tasked the Judiciary to use the money recovered under SCP as collateral to get more funding from government to spread out the initiative to other courts.
Majority of the judicial officers involved in the pilot project voiced their dissatisfaction in the inconsistent budget funds for the project.
Although there were various concerns over judicial review of matters arising from SCP, Justice Kiryabwire stated that for this kind of initiative, there are no appeals.
However, he urged the judicial officers to sensitise litigants and the public at large on the pros and cons of opting for this kind of procedure.
The meeting was attended by magistrates and support staff from the pilot courts, and other technocrats.
What you need to know
SCP is a civil claim whose subject matter value does not exceed Shs10m. It is usually recommended in matters arising out of the supply of goods, debts and rent.
Jurisdiction of the SCP Court
The small claims procedure claims procedure is applicable to claims not exceeding Shs10m in value.
Every suit shall be instituted in a court in whose jurisdiction the cause of action wholly or in part arises.
In case of a rental dispute or claim, a small claim is instituted in a court in whose jurisdiction the property is situated or where the defendant resides.
Outside its jurisdiction
- The small court however will not handle:
Family disputes relating to management of estates;
Claims against government; - Suits of defamation;
- Malicious persecution;
- Wrongful imprisonment;
- Wrongful arrest or seduction;
- Petitions for divorce;
- Nullification of marriage or separation of spouse;
- A case involving validity of wills;
- A claim in which specific performance is sought; or
- Contracts of service and contracts for service.
How do you Institute a Claim?
Contact the opposing party (the person against whom you are instituting a claim) with a request to satisfy your claim. This may be done through a face to face verbal demand or a telephone call.
If the opposing party does not comply with your verbal request, address a written demand to him or her, setting out the particulars of the facts on which your claim is based, and the amount of the in accordance with schedule I of the SCP Rules.
Deliver the demand notice by hand to the opposing party.
If after 14 days the opposing party does not respond to the demand notice, report in person to the clerk of the SCP at your local court, with your proof that the demand notice was delivered to the opposing party.
Take along any contract, document or other proof upon which your claim is based or that has a bearing on your claim.
Take the full name and address (home and business address if known) and telephone contacts of the opposing party.
Courts using SCP
The 11 original courts handling small claims are Chief Magistrates Courts of Mengo, Masaka, Arua, Lira, Kabale, Jinja, Mbarara, Makindye, Mbale, Nakawa, and Nabweru.
This year, SCP has been extended to 15 more Chief Magistrate’s Courts of Nakasongola, Busia, Luwero, Kasese, Hoima, Bushenyi, Iganga, Mpigi, Kitgum, Mukono, Entebbe, Fort Portal, Soroti, Masindi and Gulu.
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