Uganda Case Law

Sentambule v Musoke

Sentambule v Musoke (Civil Application 481 of 2024) [2025] UGCA 83 (24 March 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application 481 of 2024

Judge

Buteera, DCJ, Luswata, JA, Kazibwe, JA

The Court of Appeal lacks jurisdiction to admit additional evidence on a second appeal from the High Court acting in its appellate jurisdiction, as expressly prohibited by Rule 32(2) of the Judicature (Court of Appeal Rules) Directions. The applicant's reliance on inherent powers and Supreme Court authorities is misplaced, as those decisions interpreted Supreme Court rules, which do not contain an equivalent prohibition. The omission of locus in quo proceedings, while unfortunate, does not create an exception to the clear statutory bar. The application is therefore incompetent and must be dis…

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• Adducing Additional Evidence
• Second Appeal Jurisdiction
• Locus In Quo Proceedings
• Trespass On Land
• Appellate Review
• Exceptional Circumstances

Olanya & Another v Ladur & Another

Olanya & Another v Ladur & Another (Miscellaneous Application 134 of 2024) [2025] UGHC 128 (20 February 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 134 of 2024

Judge

Phillip Odoki, J

The court found that the applicants were aware of the certificate of title during the trial but chose not to plead or produce it, and the lower court did not refuse to admit it. The appellate court does not require the certificate of title to determine the grounds of appeal, which concern customary land and not registered land. The certificate of title introduces a new cause of action not before the trial court and is irrelevant to the current appeal. The applicants' claim that the trial magistrate lost jurisdiction or that the judgment affected third parties' property interests is without le…

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• Adducing Additional Evidence
• Appellate Procedure
• Customary Land
• Freehold Title
• Jurisdiction On Appeal

Uganda Revenue Authority v Tata Uganda Limited

Uganda Revenue Authority v Tata Uganda Limited (Miscellaneous Application 2084 of 2023) [2024] UGCommC 211 (31 July 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2084 of 2023

Judge

Harriet Grace Magala, J

The High Court granted Uganda Revenue Authority leave to adduce additional evidence on the origin of imported goods in an appeal from the Tax Appeals Tribunal.

• Adducing Additional Evidence
• Tax Appeals Tribunal Procedure
• Preferential Tariff Treatment
• Rules Of Origin
• Appeals On Points Of Law
• Adducing-additional-evidence

Nakku Makubuya v Sunna

Nakku Makubuya v Sunna (Miscellaneous Application 781 of 2023) [2023] UGHCLD 180 (30 June 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 781 of 2023

Judge

Basaza, J

The High Court dismissed an application to adduce additional evidence on appeal, finding no substantial cause, no due diligence, and no likely impact on the outcome.

• Adducing Additional Evidence
• Appeals Procedure
• Land Ownership Disputes
• Trespass
• Burden Of Proof
• Adducing-additional-evidence

Mukula v Nassanga

Mukula v Nassanga (Miscellaneous Application 186 of 2023) [2023] UGHCFD 152 (29 March 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 186 of 2023

Judge

Nagawa, J

The High Court dismissed an application to reopen a family case and admit NIRA evidence on maternity, holding the applicant had not shown sufficient reason to bypass available scientific proof.

• Reopening Of Case
• Adducing Additional Evidence
• Maternity Dispute
• Letters Of Administration
• Reopening-case
• Additional-evidence

Tete Chelengat v Electoral Commission and Another

Tete Chelengat v Electoral Commission and Another (Election Petition Appeal No. 8 of 2022) [2022] UGCA 136 (6 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 8 of 2022

Judge

Luswata, J, Madrama, JA, Egonda-Ntende, JA

The Court of Appeal held that the applicant failed to comply with the mandatory timelines for filing the memorandum and record of appeal under the Parliamentary Elections Act and Rules. The applicant's reliance on Rule 83 of the Court of Appeal Rules was misplaced, as that rule does not apply to parliamentary election petitions. The statutory scheme for election petitions requires strict and expeditious compliance, and the applicant's decision to await the certified record of proceedings before filing the memorandum of appeal was unlawful. No sufficient cause was shown for extension of time,…

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• Extension Of Time
• Striking Out Appeal
• Adducing Additional Evidence
• Parliamentary Election Petitions
• Procedural Compliance

Liberty Construction Company v Lamba Enterprises Limited

Liberty Construction Company v Lamba Enterprises Limited (Civil Appeal No. 318 of 2021) [2022] UGCA 52 (24 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 318 of 2021

Judge

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

The Court of Appeal dismissed an application to adduce a bank statement as additional evidence, finding it was not newly discovered and could have been obtained with due diligence.

• Adducing Additional Evidence
• Appeals Procedure
• Quantum Meruit
• Banking Transactions
• Adducing-additional-evidence
• Appeals-procedure

Muhindo Nderu v Kamanyire

Muhindo Nderu v Kamanyire (Miscellaneous Application 154 of 2020) [2021] UGCA 212 (20 October 2021)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 154 of 2020

Judge

Kiryabwire, JA, Monica K. Mugenyi, JA, Kasule, Ag. JA

The Court of Appeal dismissed an application to adduce additional evidence on a second appeal, holding that the rules bar such evidence except for limited elucidation cases.

• Adducing Additional Evidence
• Second Appeal Procedure
• Land Ownership Disputes
• Bonafide Occupant Status
• Additional-evidence
• Second-appeal

Dr. Kamunyu and 2 Others v Makerere University

Dr. Kamunyu and 2 Others v Makerere University (Miscellaneous Application No. 45 of 2021) [2021] UGIC 62 (11 June 2021)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application No. 45 of 2021

The Industrial Court granted a stay of a labour officer’s decision, halting disciplinary action against Makerere University staff, and allowed additional evidence on appeal.

• Stay Of Execution
• Temporary Injunction
• Disciplinary Proceedings
• Extension Of Time
• Adducing Additional Evidence
• Stay-of-execution

Mutende Gonzaga v Uganda

Mutende Gonzaga v Uganda (Criminal Application No. 3 of 2018) [2020] UGCA 2036 (10 March 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Application No. 3 of 2018

Judge

Musoke, JA, Muhanguzi, JA, Kasule, JA

The Court of Appeal found that the appellant failed to satisfy the requirements for adducing additional evidence on appeal, as the evidence from his fiancée could have been obtained at trial with reasonable diligence and would not have materially influenced the outcome. The trial judge properly evaluated the evidence, including the defence of alibi, and correctly applied the burden of proof, which lies with the prosecution to place the accused at the scene. The identification by PW1, a single witness, was reliable due to the use of torch light, familiarity with the appellant, and corroboratio…

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• Murder
• Identification Evidence
• Alibi
• Adducing Additional Evidence
• Appellate Review
• Contradictions In Testimony