Local Council Courts Act

This section provides definitions of terms used in the Act (for example: “advocate”, “appellate court”, “chairperson”, “chief magistrate”, “council”, “currency point”, “customary law”, “local council court”, “Minister”, “sign”, and local government area terms).

A local council court is established at every village, parish, town, division and subcounty level.

Local council courts are composed as follows: village or parish courts consist of all members of the executive committee of the village or parish; town, division or subcounty courts consist of five members appointed by the respective council on recommendation of the executive committee; and at least two members of town/division/subcounty courts must be women.

Sets eligibility requirements for persons to be appointed members of town, division or subcounty local council courts.

Local council courts must elect a chairperson and vice chairperson from among themselves; the vice must be of the opposite sex to the chair; the vice performs chair functions when the chair is unable and assumes the office if the chair dies, resigns or is removed; the secretary is the town clerk or subcounty chief (or a designated officer) and must not take part in decision making.

A council can remove a member of a town, division or subcounty local council court by a resolution supported by at least two-thirds of members present on specified grounds; the office also falls vacant on resignation, disqualification, death, or certain absences; chairperson must notify the executive committee which must recommend a replacement; members serve the council's term and may be reappointed.

Suits must be instituted in the village local council court that has jurisdiction where the defendant resides at the start of the suit, where the cause of action arises, or where immovable property is situated; suits are to be received by the chairperson (or by the vice chairperson if the chairperson is absent).

If a defendant objects to the jurisdiction of the local council court and the objection is rejected, the local council court must record the objection and its reasons and continue the trial; if the objection is upheld, the case must be referred to a court with jurisdiction.

A local council court may order specified reliefs (reconciliation, declaration, compensation, restitution, costs, apology, attachment and sale) and, for byelaw or ordinance infringements, may impose fines, community service or other authorised penalties.

Establishes where and how local council courts sit, quorum composition for different council types, maintenance of quorum, decision-making by consensus or majority, and presiding officers.

A local council court's jurisdiction is limited to causes and matters arising within its council's territorial area, and also to matters elsewhere if the defendant or accused ordinarily resides in that area.

Local council courts have jurisdiction over causes and matters in Schedules 2 and 3; Schedule 2 jurisdiction is limited to disputes where the subject-matter value does not exceed 100 currency points; Schedule 3 jurisdiction is not monetarily limited; if a court awards compensation over 25 currency points it must refer the case to the chief magistrate, who may reduce grossly excessive awards.

A civil suit must be started by the claimant stating the nature of the claim and relief to the chairperson; the claimant must sign claims (oral claims are to be written down, read, and signed) and the chairperson convenes the court after fixing a hearing date. "Sign" includes a thumb print.

The chairperson (or other person on filing the statement under section 13(3)) must serve a notice of claim on the defendant; the chairperson must serve summons on claimant and defendant to attend court; the chairperson may summon orally, and any person who orally informs must be accompanied by a witness.

The local council court may allow a nominated person or someone in charge of the party or their property to represent a party who cannot appear due to mental or physical incapacity; parties generally may not be represented by an advocate except in proceedings about infringement of byelaws.

A corporation must appear before a local council court by an authorised officer or a person appointed in writing by the corporation.

If the local council court decides to award compensation, it must order the defendant to give property or cash equal to the complainant’s damaged, lost or injured property or right.

If the local council court orders restitution, the defendant must return the property to the person entitled to it.

Local council court must order attachment and sale only of the judgment debtor's property and must give the debtor notice; certain listed persons are not eligible to bid at such sales.

The local council court may not order attachment and sale of specified property categories except where conditions in the text apply.

If a sale has been effected under section 26, the proceeds are to be applied to pay the costs of the sale and the judgment debt, and any remaining balance is to be given to the former owner of the property sold.

If the local council court believes a judgment debtor can pay but has deliberately refused or neglected to do so, the court must refer the debtor to the area chief magistrate recommending commitment to civil custody.

An appeal operates as a stay of execution; the local council court may, on application by the judgment creditor, order execution to proceed if a further stay would defeat the ends of justice.

A person with reasonable and probable cause may complain to the local council court; complaints may be oral or written and signed; if oral, the chairperson, secretary or an appointed person must reduce it to writing and have it signed by the complainant.

The chairperson or secretary must draw up a charge sheet with particulars when satisfied a prima facie case exists; the charge sheet must be read and signed, and where drawn the chairperson must issue summons and convene the court.

Procedures for witness summonses: summons to witnesses must be served; witnesses must acknowledge receipt; the chairperson may summon orally; the local council court may issue a warrant to compel attendance if proper service is proved.

If any party does not understand the court's language, the court must provide an interpreter.

Parish, town, division and subcounty local council courts must keep written records of proceedings; village local council courts must keep records and may co‑opt a person to record when necessary; a co‑opted person has no voting powers.

A local council court must hear every case before it promptly and should not be bound by technical rules of evidence or procedure, subject to the Act.

The local council court must act impartially, follow the rules of natural justice, and ensure parties get notice, an opportunity to be heard, the chance to call witnesses and adduce evidence; any member with an interest must not hear the case.

A dissatisfied party may appeal local council court decisions up prescribed tiers; certain appeals require leave and time limits apply for leave applications.

Appellate matters: appeals must be presented in a memorandum signed by the appellant setting out the grounds (Form D); the appellate court must serve a notice of the memorandum on the respondent (Form E).

An appellate court may, on application by either party or on its own motion and if it considers it in the interests of justice, call witnesses, receive additional evidence, or hear the case afresh.

The appellate court may, on hearing an appeal, dismiss the appeal for no miscarriage of justice, allow the appeal, reverse or vary the decision, alter compensation or fines (within statutory limits), or substitute orders from section 12.

A local council court must sit for hearings during daylight hours; it may order that the public generally or particular persons be excluded from the room, building or place used by the court when it considers this necessary during trial.

After delivering its decision, the court must inform the parties of their right to appeal.

Local council courts must not try suits or issues that have already been finally decided between the same parties (res judicata).

Local council courts must not try a suit or proceeding if the same matter is directly and substantially in issue in an earlier suit or proceeding before another court that has original or appellate jurisdiction in Uganda to grant the relief claimed.

The chief magistrate may exercise the High Court's general supervisory powers over local council courts on behalf of the High Court.

Plaintiffs in local council court cases must pay fees according to regulations made by the Minister; the Minister must take indigent persons into account; allowances for members of the local council court are to be determined by regulations made by the Minister.

Local council courts must use money from court fees and fines for court operations (stationery, witness transport, member allowances) and keep proper books; secretaries or chairpersons are accountable depending on the council level.

Members and officers of a local council court are exempt from being sued for acts done in the performance of their judicial or execution functions when done in good faith or lawfully.

Courts must not try a suit when the same substantial issue between the same parties is already pending in a local council court or other court under this Act.

The Minister may make regulations by statutory instrument to carry the Act into effect, including prescribing costs, fees, oaths for local council courts and witnesses, procedures for local council courts (subject to express provisions), and applying magistrates’ courts provisions to local council courts where appropriate.

The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2, 3 and 4 by statutory order.

A chief magistrate has unlimited jurisdiction to try and determine the causes and matters listed in Schedule 3 to this Act.