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Section 89: Power to call in assessors

89.Power to call in assessors

(1)Any court may, if it considers fit, and shall, upon the request of either party to a cause or matter pending before it in which questions may arise as to the laws or customs of any tribe, caste or community, summon to its assistance one or more competent assessors, and those assessors shall attend and assist accordingly.

(2)In any admiralty or vice admiralty cause of salvage, towage or collision, the court, whether it is exercising its original or its appellate jurisdiction, may, if the court considers fit, and shall upon request of either party to the cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and those assessors shall attend and assist accordingly.

(3)Every such assessor shall be summoned in such manner as the court may direct, and shall receive such fees for his or her attendance as may be prescribed to be paid in such manner as the court may direct.

(4)Any fit person may, subject to any exemptions, be summoned as an assessor but the following persons shall be exempt from liability to be summoned as assessors—

(a)members of the Cabinet or of Parliament;

(b)the Clerk to Parliament and the persons appointed to act as official reporters to Parliament;

(c)persons actively discharging the duties of priests or ministers of their respective religions;

(d)physicians, surgeons and apothecaries in active practice;

(e)legal practitioners in active practice;

(f)officers and others in the Uganda Peoples’ Defence Forces on full pay;

(g)members of the police and prisons services;

(h)persons exempted from personal appearance in court under the provisions of this Act, or any rules made under it;

(i)persons disabled by mental or bodily infirmity;

(j)other persons exempted by the Minister from liability to serve as assessors.

(5)Any person summoned to attend as an assessor who, without lawful excuse, fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the court, or fails to attend after adjournment of the court, after being ordered to attend, is liable by order of the court which he or she has failed to attend or from which he or she has departed without having obtained the permission of the court to a fine not exceeding two hundred currency points.

(6)That fine may be levied by attachment and sale of any movable property belonging to the assessor within the local limits of the jurisdiction of the court making the order.

(7)For good cause shown, the court may remit or reduce any fine so imposed.

(8)In default of recovery of the fine by attachment and sale, the assessor may, by order of the court, be imprisoned as a civil prisoner for fifteen days, unless the fine is paid before the end of that period.

Plain English Summary

A court may summon one or more competent assessors to assist when questions arise about the laws or customs of any tribe, caste, or community, and mus...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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