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Uganda decisions
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Latim v Lajul (Miscellaneous Application 247 of 2022) [2024] UGHC 255 (2 May 2024)
The High Court dismissed an application to adduce additional evidence on appeal, holding the applicant had not shown the documents were unavailable with reasonable diligence at trial.
Basalirwa & 3 Others v Namakula & 3 Others (Miscellaneous Application 141 of 2023) [2024] UGHC 272 (25 April 2024)
The court found that the applicants' failure to adduce the original will and other documents at trial was due to the incompetence of their former lawyer, who lacked a practicing certificate and failed to follow proper procedure. The court held that this constituted an exceptional circumstance justifying the admission of additional evidence on appeal. The evidence sought to be introduced is relevant, credible, and necessary for a fair determination of the authenticity of the will and the alleged forged signature on the marriage certificate. The court emphasized that the interests of justice an…
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Edondi & 2 Others v Kitura Mixed Farm Limited & 3 Others (Miscellaneous Application 212 of 2023) [2024] UGHC 134 (5 April 2024)
The High Court at Mbarara dismissed an application to reopen the plaintiffs’ case and add evidence after both sides had closed their cases.
Olanya & Another v Ladur & Another (Miscellaneous Application 134 of 2024) [2024] UGHC 1195 (20 February 2024)
The High Court in Gulu dismissed an application to adduce additional evidence on appeal, holding that the applicants had deliberately withheld the title deed and that it was not needed to decide the appeal.
Progressive Group of Schools Ltd and Another v Absa Bank (U) Ltd and Another (Misc Application No 490 of 2022) [2023] UGCA 404 (8 May 2023)
The Court of Appeal allowed an application to adduce additional evidence, holding that a statement of account and power of attorney would clarify issues already on record and assist the appeal.
Zziimwe Enterproses Hardwares and Construction Limited v Attorney General (Civil Application No. 353 of 2020) [2023] UGCA 60 (9 February 2023)
The Court of Appeal held that the applicant failed to meet the stringent requirements for admission of additional evidence on appeal under Rule 30(1)(b) of the Court of Appeal Rules. The majority of the letters sought to be adduced were either already within the applicant's knowledge or could have been obtained with reasonable diligence prior to the trial. The evidence was not new, nor was it shown to be of such importance or relevance as to influence the outcome of the appeal. Furthermore, the application was filed more than two years after the trial court's judgment, constituting inordinate…
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Birungi and 3 Others v Kusemererwa and 2 Others (Revision Application No. 1 of 2021) [2022] UGHCCD 135 (31 August 2022)
The High Court dismissed an application for review and a fresh trial, holding that the applicants had not shown new evidence, error on the record, or sufficient reason.
Mujungu v Tumwine and Another (Election Application No. 39 of 2022) [2022] UGCA 112 (4 April 2022)
The Court of Appeal of Uganda dismissed an election application to adduce additional evidence, finding no sufficient cause, due diligence, or exceptional circumstances.
Kagende v Uganda (Criminal Appeal 55 of 2020) [2022] UGSC 16 (17 March 2022)
The Supreme Court held that the appellant failed to satisfy the principles for admission of additional evidence, as the evidence was not new, relevant, or capable of influencing the outcome. The conviction for aggravated robbery was properly sustained based on the doctrine of recent possession, with the appellant's explanations for possession of stolen property found unsatisfactory and contradicted by the evidence. Although the Court of Appeal misdirected itself in evaluating the alibi by focusing on the date of arrest rather than the date of the offence, this did not affect the conviction, w…
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Kashaka v Uganda (Criminal Application 5 of 2020) [2021] UGSC 28 (16 September 2021)
The Supreme Court found that the application to file a supplementary record of appeal with additional evidence was irregular, as the evidence sought (judgment of Madrama J in HCCS No. 240 of 2012) was available to the applicant during the Court of Appeal proceedings and could have been adduced with due diligence. The rules governing criminal appeals do not provide for supplementary records, and the application did not meet the stringent requirements for admission of new evidence on appeal. The applicant's failure to raise the issue of recusal of Justice Madrama at the earliest opportunity amo…
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