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Muhindo Nderu v Kamanyire (Miscellaneous Application 154 of 2020) [2021] UGCA 212 (20 October 2021)
The Court of Appeal dismissed an application to adduce additional evidence on a second appeal, holding that the rules bar such evidence except for limited elucidation cases.
Byahugwaho & Anor Vs Nakabonye (Miscellenous Appeal No. 224 of 2017) [2019] UGCA 16 (25 March 2019)
The Court of Appeal lacks jurisdiction to grant leave to adduce additional evidence on a second appeal from the High Court acting in its appellate jurisdiction. Rule 32(2) of the Judicature (Court of Appeal Rules) Directions expressly prohibits the court from hearing additional evidence at this stage, limiting its powers to appraising inferences of fact drawn by the trial court. The application is therefore incompetent and must be dismissed. The principle of finality in litigation is reinforced, and the applicants' reliance on Rule 30(2) is misplaced, as it does not override the clear prohibi…
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