Katureebe says 95% of people with justice needs don’t have access to courts

The Chief Justice Bart Katureebe has expressed concern that a big number of people with justice needs don’t have access to courts of law for redress.

“Up to 95 percent of people with justice needs don’t have access to courts of law. Many people out there are scared of what takes place in courts of law,” the Chief Justice said on Thursday afternoon during a function to launch the Small Claims Procedure at the Law Development Centre court in Makerere.

“There are so many people owed shs500,000 ,shs5 million and less but can’t go to courts of law to help them be paid. They are cheated but fear going to court because of the formal process of hiring lawyers and many others.”

The Small Claims Procedure is a civil claim whose subject matter and value does not exceed shs10 million that is settled by court without the parties involved making use of lawyers.

The small claims procedure can be used for matters arising out of the supply of goods, debts and rent.

The Chief Justice said there is need to demystify the works of courts of law so that people can freely access them for services.

“Such programs like the Small Claims Procedure are meant to demystify courts. People should know that courts are not places for people to be imprisoned,”Katureebe said.

“People will now be able to access justice and live peacefully in their communities other than the formal court process which is bureaucratic and tiresome.”

He urged that there should always be open days for the public to get acclimatized to what happens in courts of law.

Katureebe however noted that there is need for special attention to women and children because they are the most affected people in society.

“The big cases involving big people and huge sums of money can go through the formal justice system but the small claims can be handled and done away with.”

According to Buganda Road Chief Miriam Okello said the new procedure will help reduce the case backlog within the courts of law.

“The cases that require the Small Claims Procedure are so many in courts of law but with this initiative, we shall be able to solve them quickly,”Okello said.

According to the judiciary, the Small Claims Procedure helped unlock shs9.3 billion last year.

How to institute a claim

A person owed money less than shs10 million should first make a request to have the other party pay  them and on failure to comply, a written demand stating out the particulars of the facts on which the claim is based and amount should be made.

The demand notice should then be delivered by hand to the opposing party and if the party(opposing) does not respond to it within 14 days, the person owed should report to the clerk of the Small Claims Procedure at their local court with proof that the demand notice was delivered to the opposing party.

Any proof upon which the claim is based should accompany the claim and the full details of the opposing party before the court summons both parties and  sits to settle the case.