Uganda Case Law

Attorney General v Byaruhanga and 2499 Others

Attorney General v Byaruhanga and 2499 Others (Civil Application No. 239 of 2021) [2022] UGCA 231 (16 September 2022)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 239 of 2021

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal held that the applicant failed to satisfy the strict criteria for admission of additional evidence on appeal. The evidence was not new or unavailable at trial despite due diligence, as the applicant was aware of the need for a Government Valuer's report and was granted several adjournments to produce it but failed to do so. The intended evidence was not attached to the application, undermining its credibility and preventing the court from assessing its probative value. Furthermore, the evidence would not have materially influenced the outcome, as the core issue was the res…

Source excerpt

• Additional Evidence On Appeal
• Appellate Discretion
• Due Diligence
• Admissibility Of Evidence

Robert Bugembe v Lint Marketing Board

Robert Bugembe v Lint Marketing Board [1988] UGSC 2 (5 August 1988)

Court

Supreme Court of Uganda

Judge

Lugogo, JSC

The Supreme Court of Uganda granted leave to adduce additional evidence on appeal, finding reasonable diligence and that the proposed evidence could affect the outcome.

• Additional Evidence On Appeal
• Diligence In Evidence Discovery
• Miscarriage Of Justice
• Additional-evidence-on-appeal
• Fresh-evidence
• Civil-procedure

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel (Civil Application No. 8 of 1986) [1986] UGCA 21 (7 November 1986)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 8 of 1986

The Court of Appeal of Uganda refused leave to adduce additional evidence, holding that the applicant had not shown due diligence or unavailability of the evidence.

• Additional Evidence On Appeal
• Diligence Requirement
• Forum Non Conveniens
• Enforcement Of Foreign Judgments
• Additional-evidence-on-appeal
• Due-diligence

Mahamed Hussein v Price Controller

Mahamed Hussein v Price Controller (Criminal Appeal No. 3 of 1943) [1943] EACA 22 (1 January 1943)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 3 of 1943

Judge

Sheridan CJ, Whitley CJ, Wilson ACJ

The Court of Appeal for Eastern Africa upheld Mohamed Hussein’s conviction for giving false information about rice stocks, and confirmed the sentence.

• False Information
• Burden Of Proof
• Additional Evidence On Appeal
• Trading Licence
• Definition Of Wholesaler And Retailer
• Criminal-law

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel (Civil Application No. 8 of 1986) [1986] UGCA 11 (7 November 1986)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 8 of 1986

The application for leave to adduce additional evidence was refused because the applicant failed to demonstrate that the evidence sought was unavailable at the time of trial or could not have been obtained with reasonable diligence. The matters raised in the proposed affidavit by Dennis Singham were procedural and jurisdictional issues that were within the knowledge of the applicant and its counsel during the original proceedings. The absence of reciprocal enforcement between Uganda and Singapore and the lack of known assets in Singapore were not new facts. The applicant did not show due dili…

Source excerpt

• Additional Evidence On Appeal
• Diligence In Evidence Production
• Forum Conveniens
• Enforcement Of Foreign Judgments