Walanyira Vs Kavuya & 2 Ors
Walanyira Vs Kavuya & 2 Ors (Miscellaneous Application. No. 213 of 2015) [2016] UGCA 51 (7 April 2016)
The application for admission of additional evidence raises critical issues central to the pending appeal, including allegations of fraud supported by newly discovered expert reports. While Rule 30 of the Court of Appeal Rules empowers the court to admit additional evidence for sufficient reason, the exercise of this discretion is significant and should be undertaken by the full bench hearing the substantive appeal, not a single Justice. The applicant's evidence was not available at trial and is potentially material to the outcome. However, the determination of admissibility and its impact re…
Source excerpt
- Admission Of Additional Evidence
- Appellate Discretion
- Fraud In Property Transactions
- Burden Of Proof On New Evidence