Uganda Case Law

Bishop Balagadde Ssekadde and Others v Wamala and Others

Bishop Balagadde Ssekadde and Others v Wamala and Others (Civil Appeal No. 0027 of 2011) [2019] UGCA 2113 (2 December 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0027 of 2011

Judge

Egonda-Ntende, JA, Musoke, JA, Obura, JA

The Court of Appeal found that the High Court trial was conducted in violation of the mandatory procedures set out in the Civil Procedure Rules. The trial judge adopted a process unknown to law by requiring all evidence to be adduced by affidavit without calling witnesses for oral testimony or cross-examination, despite the nature of the dispute requiring such. This amounted to a denial of a fair trial and rendered the proceedings incomplete and irregular. The resultant judgment was therefore a nullity and could not stand. The Court of Appeal set aside the High Court judgment and ordered a re…

Source excerpt

• Trial Irregularity
• Procedure On Evidence
• Retrial Orders
• Land Title Disputes