Getting an Affidavit in Uganda using a lawyer is the most straightforward way to ensure the document is legally compliant and admissible for its intended purpose (such as in court, for immigration, or for administrative processes like name change).
An Affidavit is a written statement of facts made voluntarily and confirmed by the oath or affirmation of the person making it (the Deponent), taken before a legally authorized official.
Here is the step-by-step process:
1. Consultation and Information Gathering
- Contact a Lawyer/Advocate: Engage a lawyer who is also a Commissioner for Oaths. In Uganda, most practicing advocates who meet the statutory requirements can be appointed as Commissioners for Oaths.
- Determine the Purpose: Clearly explain to the lawyer why you need the affidavit. Is it for:
- Supporting a court case?
- A statutory declaration (e.g., confirming marital status, parentage, or identity)?
- A Deed Poll (for name change)?
- An administrative requirement (e.g., immigration, marriage notice)?
- Provide Facts: You must provide the lawyer with all the facts you want to be included in the affidavit. In an affidavit:
- You must only state facts that are within your personal knowledge (i.e., you can personally prove them).
- Hearsay (what others told you) is generally not allowed, except in certain temporary court applications where the source of the information is clearly disclosed.
2. Drafting the Affidavit
- The Lawyer Drafts the Document: The lawyer will draft the affidavit, ensuring it meets the strict formal requirements, including:
- The correct heading (e.g., the court name and case number, if applicable).
- Your full particulars (name, address, and occupation).
- The capacity in which you are swearing (e.g., “I swear this affidavit in my capacity as the Applicant/Defendant/Adult Ugandan”).
- The body of facts, numbered paragraph by paragraph.
- The Jurat (the concluding part that states where, when, and before whom the oath was taken).
- Review and Confirmation: You review the draft meticulously to ensure all the facts are 100% true and accurately represent your statement. Remember: Lying in an affidavit constitutes perjury, which is a serious criminal offense.
3. Execution (Swearing the Oath)
- Attend the Lawyer’s Office: You attend the lawyer’s office (or any location specified by the lawyer).
- Swear the Oath: In the presence of the lawyer (acting as the Commissioner for Oaths), you will:
- Confirm your identity (using your National ID or Passport).
- Hold a holy book (Bible or Koran) or affirm the statement (if you have no religious belief).
- Read or confirm the contents of the affidavit are true, and then sign it.
- The Commissioner Certifies: The lawyer signs and stamps the affidavit in the space provided (the Jurat), certifying that you appeared before them and swore the contents to be true on the date and at the location specified.
4. Final Steps and Registration (If Required)
- Registration (If necessary): For certain legal instruments like Deed Polls, Power of Attorney, or Statutory Declarations, the document (including the supporting affidavit) often needs to be registered with the Uganda Registration Services Bureau (URSB). Your lawyer will handle this submission and payment of fees.
- Collection: The lawyer provides you with the original, signed, and stamped affidavit for use in the relevant court or administrative body.
The Key Advantage of Using a Lawyer
The primary benefit is that the lawyer ensures the affidavit is:
- Legally Admissible: Correctly formatted and structured to avoid being rejected by a court or authority due to technical defects.
- Substantively Correct: Ensures the facts are properly stated based on personal knowledge, which improves its evidential value.
- Properly Commissioned: Signed and stamped by a certified Commissioner for Oaths.
To get personalized legal services, contact Arnold on +256709669443 (Call/WhatsApp)