Suing for a dishonored cheque

I am a businessman, among other things, supplying food items to different private schools in our district. Months ago, I supplied food to one of those schools whereby the school manager drew a cheque worth to pay for the supplies. I banked the cheque, but after a day my banker called me to take back the cheque for a reason that the drawer had insufficient funds in his account. I took the cheque back to the school manager who apologised and promised to deposit sufficient funds for the bank to honour my cheque. It has been three months now and the school manager hasn’t fulfilled the promise. I was told by my fellow businessman that there is an easier way of suing for recovery of my money. Please guide me.
PS, Moshi

Your fellow businessman is right. The easier way of suing the school for recovery of your money is by way of what is legally called a ‘summary procedure’. A summary procedure is canvassed under Order XXXV of the Civil Procedure Code, Cap 33, R.E. 2019. In civil suits, the procedure allows the Court to entertain proceedings in a summary nature whereby the defendant doesn’t have an automatic right to defend himself. Fortunately, suits based upon bills of exchange, including cheques, or promissory notes can be instituted via a summary procedure.

You need to present a plaint in a usual form but endorsed ‘Order XXXV: Summary Procedure’ and the Court will then issue a summons informing the defendant that unless he obtains leave from the Court to defend the suit, a decision may be given against him. It is worthy to note that summary judgment procedure has a number of advantages for parties advancing claims to which the defendant has no legitimate defence. Based on your explanation, the school will have no legitimate defence after your proof that you supplied the food and the bank confirming that indeed the school account had insufficient funds in its account at the time when the cheque was issued until when you instituted the summary suit. Usually, the summary procedure will be cost saving on your part and relatively speedier. Your attorney can guide you on the detailed summary procedure.