Uganda Case Law

Makubuya v UMEME Limited

Makubuya v UMEME Limited (Civil Application 18 of 2019) [2021] UGSC 31 (7 October 2021)

Court

Supreme Court of Uganda

Case number

Civil Application 18 of 2019

Judge

Opio-Aweri, JA, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Mugamba, JSC, Tuhaise, JSC

The Supreme Court held that the applicant failed to satisfy the requirements for adducing additional evidence on second appeal. The evidence (valuation report and invoices) was not new, as it could and should have been produced at the High Court or at least at the Court of Appeal. The applicant did not demonstrate that due diligence was exercised or that the evidence was unavailable at the earlier stages. Furthermore, the applicant did not specifically plead special damages in the High Court, and the attempt to introduce such evidence at this stage amounted to an impermissible amendment of th…

Source excerpt

• Adducing Fresh Evidence On Appeal
• Special Damages Pleading And Proof
• Judicial Recusal
• Appellate Procedure