THE POST-GRADUATE BAR COURSE 2017/2018: CIVIL LITIGATION WORKSHOPS

 LAW DEVELOPMENT CENTER

DEPARTMENT OF POST-GRADUATE LEGAL STUDIES AND LEGAL AID

THE POST-GRADUATE BAR COURSE 2017/2018

TERM ONE, WEEK THREE

WEEK OF 10^TH – 13^TH OCTOBER, 2017

CIVIL LITIGATION WORKSHOPS

Introduction

This is the first week of Civil Litigation in this academic year (2017/18). During this foundational week, students will be taken through the essential preliminaries to institution of suits, institution of suits, service of summons and filing of defences. These are the pre-action and initial action processes’ in civil litigation. They will also advance their knowledge and professional values pertaining to these processes’.

 

WORKSHOP ONE

Workshop Summary (Synopsis)

The workshop is about essential preliminaries a civil litigation practitioner should acquaint himself with. These range from conducting successful client interviews, determination of parties and causes of action, remedies available to the aggrieved party (ies) and the conditions to satisfy before they are granted, advice on approximate cost of the litigation process, investigations into the financial potentiality of the likely defendant, ethical issues as well as pre-action procedures, documents and service of the same on the potential defendant.

It is intended to develop the learner in the three critical areas of knowledge, skill and values.

 

Learning Outcomes

By the end of this workshop you should be able to;

1.      Prepare an appropriate interview guide to elicit information necessary for institution of a suit.

2.      Conduct a client interview and elicit all relevant information necessary for institution of a suit

3.      Propose causes of action and remedies based on the information elicited out of the client interview.  

4.      Draft appropriate preliminary documents prior to institution of a suit

5.      Recognize and deal with ethical issues relating to taking of instructions

WORKSHOP FACTS AND TASKS

Preliminaries          tenable 

You are a Legal Assistant with M/S. Tuwoza & Co. Advocates located at Twese Building, William Street, Suites 03 & 04, 2^nd Floor, P. O. Box 111, Kampala. The Senior Partner Mr. Tuwoza Badru is enjoying his holiday in New York. The instructions from your Senior Partner, before taking his holiday were to attend to all the clients that come to office in his absence and report back to him on his return on how you executed the instructions. Nteyafa Jimmy and Mulefu Paul, new clients to the firm, are at the reception seeking to see counsel to attend to their legal problems.

Task 1

Illustrate by way of role play, the preliminary steps necessary to attend to the new clients and take instructions from them

The Facts

Upon taking all the preliminary steps in task 1 above, Nteyafa Jimmy and Mulefu Paul, narrate to you their story as hereunder:

On the 16^th day of January 2017, at about 06:00pm in the evening, they went for shopping at Shoprite Checkers Properties Ltd located at Lugogo in the city of Kampala and parked their car Suzuki EscudoRegn. No. UAY 623R at Shoprite Checkers Properties Ltd parking yard. The parking yard was heavily guarded by Security Group (Uganda) Ltd for and on behalf of Shoprite Checkers Properties Ltd. The parking is fenced and with sufficient security lights. All incoming cars are checked by the guards at all the entrance gates and ushered to specific parking slots clearly demarcated for customers. With all these measures they were led to believe that their cars were safe despite the warning that cars are parked at owner’s risk.

The shopping took about one hour and when they returned to the parking yard they found their car doors and those of seven other cars including M/V Reg. No. UAX 404A Toyota/Corona belonging to Oguti Alex and M/V Reg No. UAW 599E Toyota/Corsa belonging to Amama Ben.

They had a number of properties in the said car which were all stolen.

Nteyafa Jimmy lost the following properties;

a)     UCE certificate for the year 1991

b)     UACE certificate for the year 1994

c)     Academic Transcript from Makerere University

d)     Professional and Course Certificates;

e)     Ushs. 11 million that he had just withdrawn from Stanbic Bank to finance his business adventures

Mulefu Paul, lost the following properties;

(a)  Laptop

(b)  Camera

(c)  Brown Jacket

(d)  Door Locks for the motor vehicle

(e)  Photocopies of his car documents

(f)   Personal effects.

They duly reported the incident to the Manager Shoprite Checkers and Properties Ltd as well as to the Manager Security Group (U) Ltd who both visited the scene. As the managers were still on the scene assessing the situation, a Police Patrol vehicle arrived at the scene and arrested one of the employees of Security Group (U) Ltd, who was on duty on suspicion that he knew about the break into the said vehicles and the resultant theft. He was dumped on the police patrol vehicle but no sooner had the vehicle started moving than he jumped off and tried to escape. The police shot live bullets in the air to scare him off but he did not relent until they were forced to shoot his legs. In the process Kipaku Hamidu, an elder brother toMulefu Paul working with New Vision Group whose office is 100metres from the scene of the crime who had been contacted by his young brother Mulefu Paul about the incident and

was on his way to the Supermarket to see what had exactly happened was hit by a stray bullet and died on his way to Naguru Hospital. The errant employee was subsequently arrested and taken to Jinja Road Police Station.

Since the incident occurred, they have pursued compensation for the loss suffered from Shoprite Checkers Properties Ltd and Security Group (U) LTD to no avail. They are irritated and want to leave your office with a solution.

Further Tasks:

Task 2

In case you deem it necessary to obtain additional information from the clients in the circumstances, elicit the information from them using an appropriate interview guide.

Task 3

Advise Nteyafa Jimmy and Mulefu Paul on;

a.      The cause (s) of action disclosed by the facts.

b.      The possible parties in regard to the causes of action identified in 1 (a) above.

c.      The tenability of the causes of action/claims

d.      The remedies, if any, available to parties in the circumstances.

Task 4

Explain to Nteyafa Jimmy and Mulefu Paul how and why you would make the relevant wrong doers aware of your clients’ complaints’ against them and the intended action.

Task 5

Draft the pre-action documents you would need in the circumstances.

Task 6

Assume that Nteyafa Jimmy and Mulefu Paul had instead parked their car at the official visitors’ parking yard of the Ministry of Education and Sports and a similar incident, as in the facts narrated, happened to them. They had gone there on the invitation of the Permanent Secretary to follow up a complaint.

(a)  Who would be the parties to the intended action.

(b)  Identify and draft the pre-action document necessary in the circumstances.

Note:

1.      Firm leaders Each should subdivide their respective members into 4 groups with equal numbers and with gender sensitivity. The groups will handle the following tasks.

Group 1 – Tasks 1 and 2

Group 2 – Task  3

Group 3 – Tasks 4 and 5

Group 4 – Task 6

2.      Each group should be prepared to make a PowerPoint presentation, conditions permitting. In case your firm room does not have the necessary facilities you should have hard copies (typed) of the presentation.

 

3.      Each student should prepare own notes on each of the tasks, ensure you draft all the relevant documents. Whoever does not comply will not be allowed to attend the session.

 

4.      Each student is supposed to participate in the preparatory session and sign the attendance list.

 

5.      The firm leaders should hand over to the Professional Advisors the preparatory attendance lists before commencement of the workshop.

 

6.      All students should be in their respective firm rooms at least five minutes before the scheduled time for commencement of the workshops. Late comers shall not be permitted to attend the workshops

 

 

 

 

 

 

WORKSHOP 2 (TWO)

Workshop Summary (Synopsis)

The workshop is about determining suitable modes of institution of suits, procedures for commencement/institution of suits, rules governing pleadings, drafting of claimant’s pleadings in the context of all prevailing legal regimes, and the duty of plaintiff/his counsel and the role of court, at institution of the suit. It also extends to enhancing the learner’s knowledge on the duty of a defendant who has received effective service, and the corresponding rights of the parties to the suit, after such service has been effected.

Learning Outcomes

By the end of this workshop you should be able to;

1.      Identify the various modes of institution of suits.

2.      Explain the contents of the documents necessary for the institution of suits and in defence of the suits

3.      Illustrate the procedures for institution of suits and response by the opposite party

4.      Illustrate the procedure for effecting service of court process

5.      Draft all the relevant documents for institution and defence of suits

6.      Recognize and deal with ethical dilemmas relating to institution of suits

Workshop Facts:

The facts remain as set out in workshop one, subject to the following modification and instructions.

Assume that after serving the necessary pre-action documents to the intended defendants no response at all has been communicated to you and your clients are back in your office.

Task 1

(a)  Advise them on the following;

(i)    The necessary course of action to take to pursue their interests against the intended defendants;

(ii) The documents involved in the process of commencing the course of action in (a) above against the intended defendants;

(iii)           The steps you would take to commence the proceedings

 

(b)  Draft the documents identified in (a) (ii) above

Task 2

Assume that you are a Registrar of the High Court of Uganda at Kampala (Civil Division) and M/s. Tuwoza & Co. Advocates have duly filed their documents, in 1 (b) above, in court to pursue the interests of their clients.

(a)  What would be your duties upon receipt of the documents;

(b)  How would you ensure that the intended defendant(s) get to know about the matter;

(c)  How would you convince the Trial judge that court process was effected upon the defendants?

Task 3

Assume that you are counsel for defendant(s) and the responsible persons have brought to you copies of the documents duly filed and served upon them by M/s. Tuwoza & Co. Advocates on the 05^th day of October 2017 with instructions to represent them.

(a)  Advise on the following; 

(i)    The necessary course of action to take to pursue their instructions;

(ii)             The documents involved in the process of pursuing the course of action in (a) above;

(iii)           Your duty as counsel upon receipt of the clients’ instructions

(b)  Draft the documents mentioned in (b) above;

 

Note

1.      Firm leaders should subdivide their respective members into 4 groups with equal numbers and with gender sensitivity. The groups will handle the following tasks.

Group 1 – Tasks 1

Group 2 – Task  2

Group 3 – Tasks 3

2.      Each group should be prepared to make a PowerPoint presentation, conditions permitting. In case your firm room does not have the necessary facilities you should have hard copies (typed) of the presentation.

 

3.      Each student should prepare own notes on each of the tasks, ensure you draft all the relevant documents. Whoever does not comply will not be allowed to attend the session.

 

4.      Each student is supposed to participate in the preparatory session and sign the attendance list.

 

5.      The firm leaders should hand over to the Professional Advisors the preparatory attendance lists before commencement of the workshop.

 

6.      All students should be in their respective firm rooms at least five minutes before the scheduled time for commencement of the workshops. Late comers shall not be permitted to attend the workshops

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WORKSHOP 3 (THREE): FOR ADVOCACY TRAINING

Workshop Summary (Synopsis)

The workshop is intended to equip students with practical skills in regard to taking on instructions to handle a civil matter;

Workshop Facts:

Mulongo Wasswa, a subsistence farmer in Bombo and the biological father to Ruth Kembabazi a minor of 14 years old comes to you and narrates to you the following story.

That on the 18^th day of August 2017, Ruth Kembabazi (his daughter) was knocked down by Joram Tukona a driver of motor vehicle Reg. No. UAP 490F belonging to Rwenzori Beverage Co. Ltd (the company) while crossing the road at Matugga, Bombo.

 

Joram Tukona was driving carelessly at time of the accident and therefore could not avoid the accident.

 

As a result of that kind of driving, Ruth Kembabazi sustained injuries and was admitted in hospital where she subsequently had her leg operated on.  She also sustained severe crush injuries to the right lower leg, closed fracture of the right radius, difficulty in breathing, headaches and depression.

 

This accident was reported to Kawempe Police station and Joram Tukona was charged at Nabweru Magistrates court under Criminal case No. NAB-CO-0833/17.

 

As a result of the accident, Ruth Kembabazi has full perception of her condition which she has to live with for the whole of her life, lost her competitive position in the employment market as compared to able bodied woman.

 

She has been advised to seek specialised treatment abroad.

 

Mulongo Wasswa is in your office for advise on the course of action to take in the circumstances.

 

Note: The Head Moot and Trial Advocacy will issue the instructions for this workshop.

In preparation for the week’s workshops, read the following:

1.      The Constitution of the Republic of Uganda, 1995.

2.      The Judicature Act, Cap. 13.

3.      The Civil Procedure Act, Cap. 71; and the rules made thereunder (CPRs S.I 71-1).

4.      The Magistrate Court’s Act, Cap. 16.

5.      The Evidence Act, Cap. 6.

6.      The Law Reform (Miscellaneous Provisions) Act, Cap. 79.

7.      The Government Proceedings Act, Cap.77.

8.      The Judicature (Mediation) Rules S.I 10/2013.

9.      The Judicature (Court Fees, Fines & Deposit) Rules S.I 13-3

10. The Advocates (Remuneration and Taxation of Costs) Regulations S.I 267-4

11. The Magistrate’s Court (Magisterial Areas) Instrument, 2017

12. The Civil Procedure (Government Proceedings) Rules.

13. Winfield and Jolowicz Tort, 12^th edn. Pg. 69.

14. The Fort Hall Bakery Supply Co. v Fredrick Wangoe (1959) E.A 474.

15. Kakooza Mutale v Attorney General [2001-2005] HCB 110,111.

16. Sarah K. Mbonabukya v NPART Tribunal Case No. 24/1999.

17.  Sudhir Ruperalia & Anor v Sissa Club [2006] I 21, 23.

18.  Auto Garage v Motokov (No.3) [1971] E.A 514, 515.

19.  Uganda General Commodity Co. Ltd v Jinja Cash Commodity Stores Ltd (1965) E.A 496.

20.  Desai v Warsaw (1967) E.A

21.  Pamba v Coffee Marketing Board [1975] HCB 383.

22.  Gulu Municipal Council v Gabriel Nyeko & Ors. HCCS No. 77/1996.

23.  Wambugu v Public Service Commission [1972] E.A 29.

24.  Mansion House Ltd v Wilkinson (1954) E.A 22 EACA 98.

25.  Nakitto & Bros. v Katumba [1983] HCB 70.

26. Esso standards Ltd v Mike Nabudere HCCS No. 594/1990.

27.  Erinest Ochieng v Obedo Nyambito Civil Appeal No. 92/1973.

28. Obed Tashobya v DFCU Ltd HCT-00-cs-742-2004.

29. Simba Motors v John Sentongo & Anor HCT-CC-CS-0733-2000.

30. Rwakasoro v Attorney General HCCS No.711/1977.

31. Dr. James Rwanyarare & Ors v Attorney General HCMA No. 85/1993.

32. Katwe Butego Division LGC v Masaka Municipal Council HCCS No. 0011/2005.

33.  Godfrey Kabandize & 20 Ors v KCCA CACA NO. 28/2011.

34. The Commissioner General URA v Meera Investments Limited SCCA No. 22/2007.

35.  W.H.R. Wanyama v KCC & Anor. [2008] HCB 111.

36.  Athanasias Kiyimba v Hon. Emmanuel Pinto Constn Petition No. 5/1997.

37.  Norah Bukenya v M/s Global Credit Management Company HCMA No. 254/2009.

38. Amrit Goyal v Harichand Goyal & Ors. CACA No. 109/2004.

39. Patrick Rwekibira v Muwagibu Kamya [1972]2 ULR 166.

40. Kibuuka Musoke v Tours & Travel Centre Ltd HCT-00- cc-MA-0603-2008.

41. Joy Kaingana v Dabou Boubou [1986] HCB 59.

42. General Parts (U) Ltd v NPART SCCA No.09/2005.

43. Salome Mukasa v Yozefu Bukya (1966) EA 433.

44. Kasirye Byaruhanga & Co. Advocate v UDB SCCA No. 02/2007.

45. Eng. Yashwant Sidpra & Anor v Sam Ngude Odaka & 4 Ors HCCS No.365/2007 (Commercial Court).

46.  Johnson v Moss & Ors. (1969) EA 654.

47. Blyth Birmingham Waterworks Co. (1856). 11. EX. 781 at P. 184

48. Anns vs. London Burough of Merton (1977). 2. ALL ER 492 at P. 498

49.  Daudi Abdulla & Anor; on behalf of the Cuchi Lohar Wadha Jamat v Ahmed Sleman & 2 Ors. (1945) EACA.

50.  M/s Ayigihugu & Co. Advocates v Munyankindi Muteeri [1990-91] KALR 194.

51.  Edward Bamugye v Tropical Bank Ltd CACA No. 48/2007.

52.  Sentamu v Uganda Commercial Bank [1982] HCB

53.  Okwang v Anywar & Ors. [1984] HCB 45.

54.  The Trustees of Rubaga Miracle Centre v Mulangira Ssimbwa HCMA 576/2006.

55.  Harriet Grace Bamale, suing through the next friend, Kituuma Magala v The Board of Governors of Makerere College School [1994] I KALR.

56.  Wakiso Cargo Transporters v Wakiso District Council & AG HCCS No. 070/2004.

57.  Charles Harry Twagira v DPP & Sam Kamukama Civil Appeal No. 61/2002.

58. Amos Mugisha & Sons Chemical Industries v DAPCB & NRM Secretariat [1990-91] KALR 38.

59. Eddie Rodrigues v The British High Commission SCCA No. 8/1987.

60. Ndibarekera v The United States of America HCCS No. 786

61.  Wasswa v Ochola SCCA N. 05/1990.

62.  Solome Tibariraine v NHCC [2007] I. HCB 109,110.

63. Nsimbe Holdings Ltd v Attorney General & Anor [2007] I HCB 80, 81.

64.  Ndaula Ronald v Hajji Nadduli [2007] I HCB 90, 91.

65.  Mbale Exporters & Importers v Ibero (U) Ltd [2007] I HCB 95, 96.

66. Nestor Mchumbi Gasasira v Uganda Constitutional Reference No. 17/2011.

67.  Zagyenda v Uganda Criminal Application No. 11/2011.

68.  Springs International Ltd v Hotel Diplomat Ltd & Anor. HCCS No. 227/2011.

69. Jennifer Bogere v Uganda Railways Corporation [1992-1993] HCB 199.

70.  Hanne Kamulegeya v Siragi Zibwende HCCS No. 417/2006.

Margaret Kato v Nuulu Nalwoga S.C.C.A No. 03/2003.

71.   Kasekya Kashaija Sylvan v Attorney General [2009] I HCB 72, 73.

72.  Uganda Electricity Board v G.W Musoke [1977] HCB 23.

73.  Kabale Edris Buyondo v Kamya Godfrey Mutumba HCCS No. 804/2006 [2009] I HCB 55, 56.

74. Agnes Masene v Uganda Transport Co. (1975) Ltd [1992-1993] HCB 207.

75. BAT (U) Ltd v Selestino Mushongore SCCA NO 26/1994 [1995] KALR 80.

76.  Interfreight Forwarders (U) Ltd v EADB SCCA No. 33/1993.

77. Remmy Kasule v Makerere University & Anor. [1975] HCB 63.