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Uganda Case Law

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Civil Procedure [2023] UGHCLD 429

Dr. Peter Musoke Gukiina v Sudhir Ruparelia, Erieza Lubajje Kaggwa, Ephraim Ntaganda, Speke Hotel 1996 Ltd & The Commissioner for Land Registration

Dr. Peter Musoke Gukiina v Sudhir Ruparelia, Erieza Lubajje Kaggwa, Ephraim Ntaganda, Speke Hotel 1996 Ltd & The Commissioner for Land Registration (Civil Suit 2 of 2019) [2023] UGHCLD 429 (19 January 2023)

The court held that the authenticity of an electronic record is a prerequisite for its admissibility, and the burden of proof lies with the party seeking to rely on it. The plaintiff's witness failed to lay a proper foundation regarding how the video was recorded, stored, and whether its integrity was maintained, thus the video could not be admitted as evidence at this stage but only for identification pending proof of authenticity. However, the court found that editing of the video for purposes of television airing does not, by itself, render the recording inadmissible, as changes arising in…

  • Admissibility Of Evidence
  • Electronic Records
  • Authenticity Of Video Recordings
  • Land Trespass
  • Eviction Proceedings
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Civil Procedure [2023] UGHCLD 10

Dr Gukiina v Sudhir Ruparelia and 4 Others (HCCS 2 of 2019)

Dr Gukiina v Sudhir Ruparelia and 4 Others (HCCS 2 of 2019) [2023] UGHCLD 10 (19 January 2023)

The court held that the authenticity of an electronic record is a paramount requirement for its admissibility, and the burden of proof rests on the party seeking to introduce it. The plaintiff's witness failed to lay a sufficient foundation regarding how the video was recorded, stored, and maintained, thus the video could not be admitted as evidence at this stage but was allowed for identification purposes only. However, the objection based solely on editing was overruled, as the law permits changes made in the normal course of communication, storage, or display, and admissibility cannot be d…

  • Admissibility Of Evidence
  • Electronic Records
  • Authenticity Of Video Recordings
  • Land Trespass
  • Unlawful Eviction
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