Jakana & Anor v Msabimana (Civil Suit No. 428 of 2015) [2017] UGHCLD 362 (30 October 2017)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 428 of 2015
Judge
Kawesa, J
The High Court granted the plaintiffs leave to reopen their case so they could testify, holding that substantive justice should prevail over technical objections.
Complant Engineering & Trade Ltd v Joseph Kironde (HCT-00-CC-MA 172 of 2011) [2011] UGCommC 96 (16 May 2011)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 172 of 2011
The court found that the applicant was aware of the need to adduce handwriting expert evidence but failed to take steps to do so before closing its case. There was no sufficient reason provided for this failure. The record did not show any agreement at the scheduling conference to present a handwriting expert, nor was such an expert listed among intended witnesses. The court emphasized that procedural rules require parties to be fully prepared and list all witnesses and evidence in advance. While substantive justice is important, it must be balanced against the need for expeditious trial and…