Analysis of the Efficacy of the Application of Summary Procedure Against the Ugandan Government

19 PAGES (7762 WORDS) Civil Law Paper

The study will map out the aspect of summary procedure against the Ugandan government. Trial as a rule must precede judgment but under summary procedure there is a judgment and never a trial. For long the government and scheduled corporations were protected from summary procedure until judicial activism opened the flood gates permitting summary suits to be brought against the scheduled corporations. This study will trace the growth and development of the use of summary procedure in the expeditious disposal of suits.it will expound on the judicial activism that opened the banks of the limitation of summary suits allowing summary procedure to be applied against scheduled corporations and in the same manner against Government.it will seek to answer the hard question of whether its indeed possible to bring a suit under summary procedure against Government and if so why are there no such suits. It will further investigate the factors that persuaded the staunch judicial activism bursting the limits f summary procedure but critiquing the relevant literature investigate the efficacy of summary procedure against government.

The research will be doctrinal in nature paying close attention to statutes, case law, text books, thesis dissertations, government policies and carrying out literature review and analysis of several scholarly articles. The study will aim at revealing that indeed judicial activism has permitted summary suits to be brought by individuals against scheduled corporations and tentatively arguably against government in Uganda but it remains a law on paper, an application of which still remains far from reality.