The Judiciary has taken a significant step towards expediting the resolution of small commercial disputes by introducing the Small Claims Procedure in three courts across the Western Uganda Region.
Resident Judge of Kabale High Court, Samuel Emokor, announced the launch of this initiative in Bunagana, Kyanika, and Rubanda Courts. Additionally, the Judiciary plans to extend the Small Claims Procedure to Ndeija and Rwashameire Magistrates Courts later this week, as part of its projects for the current quarter of the Financial Year 2022/2023.
Small Claims, which encompass commercial disputes with a subject value not exceeding 10 million shillings, typically arise from issues such as unpaid rent, supply of goods, and debts.
During the launch ceremonies in Bunagana and Rubanda, Justice Emokor emphasized that the Small Claims Procedure is an innovative measure aimed at accelerating dispute resolution. He highlighted that this procedure eliminates the need for lawyers and allows court proceedings to be conducted in the local language, facilitating faster resolution of cases.
Justice Emokor noted that in some instances, judgments are delivered immediately, while in others, individuals receive verdicts within less than 14 days. He urged the communities near these courts to embrace the Small Claims Procedure and utilize its benefits.
Hajji Badruh Ssebyala, the Resident District Commissioner for Kisoro District, commended the Judiciary for implementing President Yoweri Kaguta Museveni’s Manifesto. He encouraged local leaders to disseminate information about the Small Claims Procedure within their communities, emphasizing its efficiency and affordability in handling small civil-commercial disputes.
According to the Annual Performance Report of the Judiciary for 2022/23, Chief Justice Alfonse Owiny-Dollo highlighted that Small Claims cases contributed significantly to the recovery of 16.8 billion shillings for the economy.
However, there have been legal developments in the realm of Small Claims Procedure. In 2021, the Constitutional Court quashed certain rules that initially prohibited advocates from participating in small claims proceedings and prevented cross-examination of witnesses in such cases. This decision paved the way for lawyers to engage in small claims cases, although the government has appealed against it in the Supreme Court.
Justice Geoffrey Kiryabwire, Chairperson of the Small Claims Procedure Implementation Committee of the Judiciary, expressed dissatisfaction with this decision and revealed plans to appeal against it. He emphasized the need for effective collaboration between Court Registrars and State Attorneys to address this issue.
