Chief Justice Warns Against Surprise Witnesses in Civil Cases

Chief Justice Flavian Zeija has signaled a significant shift in civil litigation procedures, prohibiting the use of undisclosed witnesses who could ambush opposing parties. This move is part of a broader strategy to accelerate the disposal of cases and clear the mounting backlog within the Ugandan Judiciary.

During a recent training session for judicial officers in Western Uganda, Justice Zeija highlighted the Civil Procedure (Amendment) Rules of 2019. These rules mandate the prior filing and service of witness statements before any court hearing commences. “The hearings will now focus on cross-examination, not the slow crawl of recording evidence-in-chief. This alone can cut trial times by about 60 percent,” he stated, underscoring the efficiency gains expected from this reform.

The Chief Justice stressed that these amendments, alongside an enhanced Alternative Dispute Resolution (ADR) framework, are crucial tools for tackling the persistent issue of case backlog that has eroded public confidence in the justice system. He echoed the constitutional mandate that judicial power is derived from the people, who expect an efficient, transparent, and timely system.

Furthermore, Justice Zeija issued a stern warning against litigants who file cases only to abandon them. The courts will now strictly enforce timelines. For instance, plaintiffs must issue summons for directions within 28 days after the close of pleadings. Failure to do so will result in the automatic abatement of the suit, with no exceptions or excuses. “We are shifting the burden of moving a case from the court’s shoulders back onto the litigants. If a party is not serious about their claim, the law will no longer let them waste our judicial time,” he concluded.

Source: https://www.monitor.co.ug/uganda/news/national/no-more-surprise-witnesses-in-civil-cases-says-chief-justice-zeija-5507656