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