What is a small claim?

It is a civil claim that does not exceed ten (10) million Uganda shillings.

A small claim does not include; Family disputes relating to the management of an estate, a claim against the Government, a suit for defamation, malicious prosecution, wrongful imprisonment, wrongful arrest or seduction, a petition for divorce, nullification of marriage or separation of spouses, a case involving the validity of a will;

It also does not include a claim in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable property and disputes arising out of tenancy agreements not exceeding ten million Uganda shillings in value; 

A small claim does not also cover contracts of service and contracts for service.

How to Institute a Small Claim?

Write a Letter of demand to the defendant.

If the opposing party does not satisfy your claim, send them a written demand setting out the facts on which the claim is based and the amount you are seeking. Afford the opposing party 14 days from receipt of your letter to settle your claim. Use the Notice of Demand form for this action. Deliver the demand by hand or registered post to the opposing party.

Go to a Court Process Server/Clerk.

If the defendant is adamant, proceed to institute a small claim by filing a Claim Form. You must attach to the claim Proof that the letter of demand was served, a copy of any agreement, document, or other proof upon which the claim is based; 

Indicate the full name and address of the intended defendant and give any other information relevant for the speedy disposal of the claim.

Upon examination of your documents, the clerk/court process server will assist you in drawing up the summons. The clerk of the court will issue the Summons and hand them to you to serve them to the opposing party.  

The claimant or Court process server will within seven days of service, file an Affidavit of Service, showing proof of service of the claim upon the defendant. This affidavit of service must also be attached to the claim copy

MUWANGUZI JOEL

ADVOCATE OF THE HIGH COURT OF UGANDA