Uganda Case Law

Kiwanuka v Muwanga

Kiwanuka v Muwanga (Miscellaneous Application 105 of 2023) [2024] UGHC 301 (3 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 105 of 2023

Judge

Tweyanze, J

The court found that the documents sought to be adduced as additional evidence were not new and were within the Applicant's knowledge during and after trial. The Applicant had the opportunity to present the documents at trial but chose not to, and there was no evidence that the trial court rejected their admission. The application was filed almost a year after the appeal, indicating undue delay. Allowing the evidence would constitute an abuse of process, as it would permit the Applicant to patch up weaknesses in his case and re-open issues already determined. The requirements for admitting ad…

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• Adducing Additional Evidence On Appeal
• Requirements For Fresh Evidence
• Ownership Of Land
• Delay In Application
• Abuse Of Process

Turyareeba Yonah v Kahangire Eliab

Turyareeba Yonah v Kahangire Eliab (Civil Application 1188 of 2023) [2024] UGCA 39 (15 February 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 1188 of 2023

Judge

Luswata, JA

The Court found that the applicant was aware of the Kayonza judgment early in the proceedings and had ample opportunity to challenge its authenticity at trial. The evidence sought to be adduced was not shown to be unavailable despite due diligence, and the applicant failed to demonstrate a transparent search for the judgment prior to or immediately after the High Court decision. The application was filed nearly six years after the applicant claims to have discovered the new evidence, with no satisfactory explanation for the delay. The Court held that litigation must come to an end and that th…

Source excerpt

• Adducing Additional Evidence On Appeal
• Authenticity Of Court Documents
• Land Ownership Disputes
• Due Diligence In Evidence
• Res Judicata
• Delay In Application

Nanyonjo v Kato

Nanyonjo v Kato (Miscellaneous Application 542 of 2022) [2023] UGHCLD 209 (18 July 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 542 of 2022

Judge

Nakachwa, J

The High Court at Mukono dismissed an application to adduce additional evidence on appeal, finding the applicant had not shown due diligence or good cause.

• Adducing Additional Evidence On Appeal
• Fresh Evidence Principles
• Land Sale Agreements
• Consideration In Contracts
• Fresh-evidence-on-appeal
• Additional-evidence

Kisoke and Another v Katalihwa

Kisoke and Another v Katalihwa (Miscellaneous Application No. 118 of 2022) [2023] UGHCCD 103 (17 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 118 of 2022

Judge

Wagona, J

The High Court dismissed an application to adduce additional evidence on appeal, finding most documents were already known at trial and the rest departed from the pleaded case.

• Adducing Additional Evidence On Appeal
• Relevance Of Evidence
• Departure From Pleadings
• Appellate Discretion
• Land Ownership Disputes
• Adducing-additional-evidence-on-appeal

Nsabwa v Wasswa & 2 Ors

Nsabwa v Wasswa & 2 Ors (Miscellaneous Application No. 130 of 2017) [2017] UGCA 39 (13 October 2017)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application No. 130 of 2017

The Court of Appeal of Uganda dismissed an application to adduce additional evidence on appeal, finding the proposed evidence was not new, relevant, or timely.

• Adducing Additional Evidence On Appeal
• Letters Of Administration
• Forgery Of Court Documents
• Diligence In Evidence Discovery
• Adducing-additional-evidence-on-appeal
• Forgery-of-court-documents

Administrator General v Kifubangabo (Misc. Application No. 630 of 2011)

Administrator General v Kifubangabo (Misc. Application No. 630 of 2011) [2012] UGHC 206 (18 October 2012)

Court

High Court of Uganda

Case number

Misc. Application No. 630 of 2011

Judge

Tuhaise, J

The court found that the applicant was unable to produce the certificate of title during the trial despite diligent efforts, and has now obtained credible documentary evidence showing the kibanja holding is registered land. This evidence is directly relevant to ground 1 of the appeal, which challenges the finding that the respondent was a bona fide purchaser based on the premise that the land was unregistered. The court held that the exceptional circumstance justifying admission of additional evidence is the trial magistrate's decision being premised on the non-existence of a certificate of t…

Source excerpt

• Adducing Additional Evidence On Appeal
• Registered Land Vs Kibanja
• Bona Fide Purchaser
• Certificate Of Title
• Appellate Discretion

Fredrick J.K. Zaabwe v Orient Bank Limited and Others

Fredrick J.K. Zaabwe v Orient Bank Limited and Others (Civil Miscellaneous Application 17 of 2003) [2003] UGCA 20 (16 September 2003)

Court

Court of Appeal of Uganda

Case number

Civil Miscellaneous Application 17 of 2003

Judge

Berko, JA

The Court of Appeal dismissed an application for leave to adduce additional evidence on appeal, finding no sufficient reason and no showing of reasonable diligence.

• Adducing Additional Evidence On Appeal
• Mortgagee Sale Of Property
• Fraud Allegations
• Practice And Procedure On Evidence
• Additional-evidence-on-appeal
• Civil-procedure