30 May 2016

HOW TO SUE SOMEONE FOR YOUR MONEY – WITHOUT A LAWYER

HOW TO SUE SOMEONE FOR YOUR MONEY – WITHOUT A LAWYER

At the beginning of April, Jackie a shop owner ordered for 1,000 small cakes from Betty‘s bakery. Betty delivered the cakes at 5,000 shillings each but Jackie did not pay her, saying she will pay towards the end of the month when she has got some money. The total cost of the transaction is 5,000,000 shillings.

April ended and Betty had not received any money at all. On contacting Jackie for the payment, Jackie promised to pay by 28th of May but that date has also passed.

Betty is in serious need of the money because she has pay school fees for her children who are about to go back to school.

Betty does not know what to do, she seriously wants the money but feels it will be too expensive to hire a lawyer to take the matter to court. What can Betty do?

Take the case to the Small Claims Court!

WHAT IS A SMALL CLAIM?

A small claim is defined as a matter whose subject matter does not exceed ten million shillings. This means that you can to sue another person for a lawyer (counsel) under the small claims law as long as what you are suing for does not exceed 10 million shillings. This means that Betty can bring her case as a small claim.

Small claims court rules prohibit lawyers from appearing for any of the parties. This means that even as Betty does not have a lawyer, she does not have to fear Jackie coming with her own lawyer- neither one of them is allowed a lawyer.

WHO CAN MAKE A SMALL CLAIM?

Only natural people can make a small claim- this means that a company cannot make a small claim, but it can be a defendant in a small claim. Since Betty is doing business as an entrepreneur (sole proprietor) she can bring this case against Jackie.

WHAT ARE THE ADVANTAGES OF MAKING A SMALL CLAIM?

A small claim is very advantageous because it is cheaper than an ordinary lawsuit and much faster.

In July 2015 it was reported that the Small Claims Courts had made rulings for the recovery of 1 billion shillings in just 3 months.

WHAT IS THE PROCEDURE OF MAKING A SMALL CLAIM?

  1. Betty must give Jackie a written demand notice, requesting her to pay the money within 14 days. The notice has a special form.
  1. If payment is not made after the 14 days, then Betty may file her claim by way of filling what is called a claim form. with a copy of the notice of demand and an affidavit of service of the notice and any other documents which can be used as evidence of the money that she is owed.
  1. The judicial officer can then sign a summons which is supposed to be served upon the defendant either by the claimant personally or by a process server which is to be done within 7 days.
  1. When Jackie receives the summons she can satisfy the claim and the matter will end with Betty giving her a written acknowledgement and informing the Court of payment. If Jackie denies the claim she will have to file a written statement of defence which basically is her denying the claim. After this, the court is supposed to fix a hearing date and notice served on both parties.

If Jackie does not respond to the summons at all, when service is proved, the Court shall enter judgement for Betty.

  1. Where the matter goes to the stage of hearing, both Betty and Jackie will be allowed to appear in court and give their evidence as well as present their witnesses if any (without a lawyer).

After the case has been heard by the Judicial officer, the ruling will be made bringing the matter to an end and Betty will be able to recover her money (if she wins).

 

WHERE CAN I FIND A SMALL CLAIMS COURT?

The small claims courts we know of right now are in;

  1. Nabweru
  2. Makindye
  3. Nakawa
  4. Jinja
  5. Mbarara
18 May 2016

HOW TO REGISTER YOUR COMPANY

HOW TO REGISTER YOUR COMPANY

It is one thing to know the advantages of registering a company, but how does one do this? A question we have got far so often so we decided to come up with this detailed guide on how it is done in Uganda. Here is a brief guide on the steps.

a) Effect a search.
b) Reserve the name.
c) Draft the articles of Association.
d) Draft the Memorandum of Association.
e) File the M.O.A and A.O.A
f) File the Statutory declaration.
g) Issue of certificate of Incorporation.
h) File the Annual returns.
i) File the statement of Nominal capital
j).File the return of the allotment of shares.
k)File the location of the registered offices.
l) File the particulars of the directors.

Here are the details on the steps to register a business in Uganda.

HOW TO CONDUCT A COMPANY SEARCH;
• Fill a search requisition form or apply by letter addressed to the Registrar General at the Uganda Registration Services Bureau.
• Pay the Search fees
• You will then be able to access the record for search at the registry office or receive a response by letter.
After a successful search of a desired name one will then have the name reserved for purposes of registration as a Company or Business name to be registered.

HOW TO RESERVE A NAME;
• Fill Name Reservation Form
• Submit applications For Name Search;
• Pick Processed Reservation Form in One day.

HOW TO REGISTER A COMPANY;
A company is a legal person which has capacity and powers to act on its own (the law sees a company in the same light as a natural person) .It is created by the companies Act No. 1 of 2012 which is the machinery that enables the company to be formed for lawful purposes in Uganda.

To register a Local Company limited by shares, one needs to reserve the name to be used and then file the following documents with the Registrar of Companies;

A) Company Registration Form (S.18)
B) Memorandum and Articles of Association
C) Other Company Forms
1. A.1 Statement of Nominal capital.
To register a local company limited by guarantee, one needs to reserve the name to be used and then file the following documents with the Registrar of Companies;
a. Company Registration Form (S.18)
b. Memorandum and Articles of Association;
When you have all the documents ready , pick assessment forms from the Uganda Registration Services Bureau (URSB) or do a self-assessment an pay registration fees and stamp duty. Upon registration, the Registrar will issue a certificate upon
incorporation within two working days.

After the company has been registered, the following forms must be filed (Company Returns).
1. Company Form 18 , 19 and 20 Particulars of Directors and Secretaries (within 14 days)
2. Company form 9 – Notice of Situation of Registered Office & Postal Address (within 14 Days)
3. Company Form A3 – Return of allotment (within 60 days)
4. Form of Annual Return For a Company Limited by Shares (to be filed once every year).