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Kirti Sigh Rana v Mayanja & Ors (MISC. APPEAL No. 203 of 2015) [2017] UGHCCD 210 (21 September 2017)
- Citation
- [2017] UGHCCD 210
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Civil Division (Uganda)
- Panel
- Elubu, J
- Case number
- MISC. APPEAL No. 203 of 2015
- Language
- English
More details
- Court
- HC: Civil Division (Uganda)
- Panel
- Elubu, J
- Case number
- MISC. APPEAL No. 203 of 2015
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the production of the applicant's letter to Post Bank Jinja Branch dated 21/8/2008 would not prejudice any of the parties. The Registrar's dismissal of the application was therefore set aside, and the Post Bank Jinja Branch was directed to produce the letter in evidence. The court exercised its discretion under the Civil Procedure Act and Rules to ensure that relevant evidence is available for the just determination of Civil Suit No. 60 of 2012. No order as to costs was made, reflecting the court's view that neither party should be penalized for the application or appeal.
Court disposition
appeal allowed
Orders
- Post Bank Jinja Branch is directed to produce in evidence the applicant's letter to them dated 21/8/2008.
- No order as to costs.
02
Material facts
Parties
Kirti Sigh Rana
AppellantMayanja Geofrey & Others
Respondent03
Procedural history
Posture
Miscellaneous Appeal / Ruling on Appeal Against Registrar's Dismissal of Application to Produce Document
04
Questions and positions
Legal issues
- 01
Whether the Registrar erred in dismissing the application to compel production of a letter by Post Bank Jinja Branch.
- 02
Whether granting the order to produce the letter would prejudice any party.
Party arguments
- Applicant
- The applicant argued that the letter written to the Manager Post Bank, Jinja Branch, is relevant to Civil Suit No. 60 of 2012 and should be produced and tendered in evidence. The applicant contended that the Registrar's dismissal was erroneous and that production of the document would not prejudice any party.
- Respondent
- The respondents opposed the application, supporting the Registrar's decision to dismiss it. They may have argued that the production of the letter was unnecessary or prejudicial, though the ruling does not detail their submissions.
05
Court’s reasoning
Legal principles
- 01
Section 79 of the Civil Procedure Act and Order 50 Rule 8 of the Civil Procedure Rules
A court may order the production of documents relevant to the proceedings if such production does not prejudice any party.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the production of the applicant's letter to Post Bank Jinja Branch dated 21/8/2008 would not prejudice any of the parties. The Registrar's dismissal of the application was therefore set aside, and the Post Bank Jinja Branch was directed to produce the letter in evidence. The court exercised its discretion under the Civil Procedure Act and Rules to ensure that relevant evidence is available for the just determination of Civil Suit No. 60 of 2012. No order as to costs was made, reflecting the court's view that neither party should be penalized for the application or appeal.
Court disposition
appeal allowed
- Post Bank Jinja Branch is directed to produce in evidence the applicant's letter to them dated 21/8/2008.
- No order as to costs.
Source and reliance status
HC: Civil Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Civil Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT JINJA MISC. APPEAL NO. 203 OF 2015 ARISING FROM MISC. APPLICATION NO. 451 OF 2015 ARISING FROM CIVIL SUIT NO. 60 OF 2012
KIRTI SIGH RANA
========================= APPELLANT
VERSUS
MAYANJA GEOFREY & OTHERS ========================RESPONDENTS
BEFORE HON. JUSTICE MICHAEL ELUBU
RULING
The Applicant filed an application to have a letter written to the Manager Post Bank, Jinja Branch, produced by the Bank and tendered in evidence in C. S. No. $60/2012$ .
That application was dismissed by the Registrar. Hence this appeal filed under S.79 of CPA 0.50 r 8 of The CPR.
I have addressed my mind to the pleadings and affidavit evidence. I have also carefully studied the attached submissions.
It is my finding that the orders prayed for if granted do not prejudice any of the parties.
The Post Bank Jinja Branch is therefore directed to produce in evidence the applicants' letter to them dated 21/8/2008.
There shall be no orders as to costs.
MICHAEL ELUBU JUDGE 21/9/2017
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