Commercial Justice Sector Reforms: An Examination of the Challenge of Case Backlog in the Commercial Court of Uganda
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Date
2024-11
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Kampala International University
Abstract
This study considers the legal performance and impact of Uganda’s Commercial Court in dealing with the case backlog. The main objective of this body of work is to examine the judicial Commercial Justice and the Challenges of case backlog in the Commercial Court of Uganda. It further examines the policies crafted to counter the problem of case backlog in the Commercial Court of Uganda. It goes on to scrutinize the court’s operation and assesses its performance in dispensing commercial justice in Uganda. It considers what has been achieved, and how change has occurred and what policies can be improved upon. The increasing case backlog in the Commercial Court poses significant challenges to the timely resolution of disputes, undermining the efficiency and effectiveness of the judicial system. This thesis examines the factors contributing to this backlog, including inadequate resources, procedural inefficiencies and rising case volumes and explores potential reforms to enhance case management and expedite judicial processes. A particular point of focus is whether the Court has had a sustained impact on the turn-around of commercial cases in Uganda, and whether there is evidence that the Court may have had a key role to play in opening up access of justice to all and whether they have had a defining role in the modernization of the judiciary. The author adopts a doctrinal research methodology and supplements it with interviews from key stakeholders. The study identifies several key finds regarding such as resource limitations, inefficient procedures, limited adoption of technology for case management, prolonged resolution time, etc. At the end the author recommends on the improvement of commercial justice through increased funding, increased training initiatives for the judiciary staff and users, increased numbers of Judges at Commercial Court and a revision and perfecting of the current Electronic Court Case Management Information System.