The Court of Appeal, has ruled that filling of a Written Statement of Defence (WSD) is not mandatory requirement in proceedings before a magistrates court.
In its Judgment in the case of Jalia Naiga Vs Issa Ssekabira Civil Appeal No. 195 of 2018, CoA held that the filing of a Written Statement of Defence (WSD) is not mandatory on the part of litigants before a Magistrates Court. It however , hastened to add that filling of WSD by advocates is a good practice which should be encouraged as part of the tools of enhancing a fair trial and minimizing “trial by ambush” before the Magistrates Courts.
Further, the Court held that the failure of a defendant to file a WSD does not ipso facto divest the litigant of locus standi to participate in the proceedings before a Magistrates Court. The trial can lawfully proceed unhindered with the full participation of the defendant even where he/she/it (the defendant) has not filed a WSD.
In coming to the above position, the Court relied on Order 6 rule 27 of the CPR which is a specific provision applicable to Magistrates Court and Articles 28 and 44(c) which guarantee the right to a fair hearing as a non-derogable right.
