Uganda Act or statute

Parliament of Uganda

Foreign Tribunals Evidence Act

Jurisdiction: Uganda
Structure: 15 provisions
Citation: Chapter 11
Dates: As at 31 Dec 2023

More statute details

Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“A court or the Chief Justice may nominate a fit person to take the examination of a witness or person where an order for examination has been made and a request has been sent to a court beyond the ordering court's jurisdiction.”

A court or the Chief Justice may nominate a fit person to take the examination of a witness or person where an order for examination has been made and a request has been sent to a court beyond the ordering court's jurisdiction. If an examination order is sent to a court outside the ordering court's jurisdiction, that court or the Chief Justice may nominate a local judge, magistrate or other judicial officer to take the examination. If a witness or person is to be examined outside the court's jurisdiction under section 1 or 2, they may be examined on oath, affirmation or according to local law; any deposition taken under that permission is effective as if sworn before an authorised person in the ordering court. Documents to be proved must be sealed or purport to be sealed; a document signed under subsection (2)(b) must be supported by a written statement from the signing judge that the court has no seal. The High Court of Uganda, courts presided over by a chief magistrate or a magistrate grade I, and any judge or magistrate of such courts are courts or judges having authority under this Act; and the term “judge” includes a chief magistrate and a magistrate grade I (except as context otherwise requires).

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2023. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Evidence by commission, etc. - Nomination of examiner in civil proceedings; admissibility of examination

Section 1

Examination of witnesses, etc. - Courts and judges having authority under this Act

The High Court of Uganda, courts presided over by a chief magistrate or a magistrate grade I, and any judge or magistrate of such courts are courts or judges having authority under this Act; and the term “judge” includes a chief magistr…

Section 10

Examination of witnesses, etc. - Certificate of diplomatic agent

A certificate signed by a diplomatic representative that a matter is civil or commercial and that the foreign court desires a witness’s testimony is evidence; if no such certificate is produced, other evidence to that effect is admissible.

Section 6

Law ascertainment - Ascertainment of law outside Uganda

Courts in Uganda may, when necessary to determine foreign or Commonwealth law differing from Ugandan law, direct a case to be prepared and remit settled questions of law to the foreign court; parties must settle the question of law and…

Section 12

Miscellaneous - Rules

The Minister may, by statutory instrument and in consultation with the Chief Justice, make rules and orders to give effect to this Act and regulate procedure under it.

Section 15

Source and current-law status

Source record view

Source record from ulii.org · As at 31 Dec 2023

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 15 of 15 provisions

Provision 15

Part I

Evidence by commission, etc.

§ 1Evidence by commission, etc. - Nomination of examiner in civil proceedings; admissibility of examinationProvision

Section Nomination of examiner in civil proceedings; admissibility of examination Section Where in any civil proceedings in any court of competent jurisdiction an order for the examination of any witness or person has been made and a commission, mandamus, order or request for the examination of the witness or person addressed to any court of competent jurisdiction beyond the jurisdiction of the court ordering the examination, that court or the Chief Justice may nominate some fit person to take the examination. Any deposition or examination taken under subsection (1) by or before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before the court ordering the examination.

Section 1Verify source

§ 2Evidence by commission, etc. - Nomination of examiner in criminal proceedings; admissibility of examinationProvision

If an examination order is sent to a court outside the ordering court's jurisdiction, that court or the Chief Justice may nominate a local judge, magistrate or other judicial officer to take the examination.

Section Nomination of examiner in criminal proceedings; admissibility of examination Section Where in any criminal proceedings a mandamus or order for the examination of any witness or person is addressed to a court of competent jurisdiction beyond the jurisdiction of the court ordering the examination, that court or the Chief Justice may nominate any judge or magistrate or other judicial officer within the jurisdiction of that court to take the examination of that witness or person. Any deposition or examination taken under subsection (1) shall be admissible in evidence to the same extent as if it had been taken by or before the court or judge to whom the mandamus or order was addressed.

Section 2Verify source

§ 3Evidence by commission, etc. - Oath or affirmation of witnessProvision

If a witness or person is to be examined outside the court's jurisdiction under section 1 or 2, they may be examined on oath, affirmation or according to local law; any deposition taken under that permission is effective as if sworn before an authorised person in the ordering court.

Section Oath or affirmation of witness Section Whenever in pursuance of section 1 or 2 any witness or person is to be examined in a place beyond the jurisdiction of the court ordering the examination, the witness or person may be examined on oath, affirmation or otherwise according to the law in force in the place where the examination is taken. Any deposition or examination taken under subsection (1) shall be effectual for all purposes as if the witness or person had been examined on oath before a person duly authorised to administer an oath in the court ordering the examination.

Section 3Verify source

Part II

Proof of documents, etc.

§ 4Proof of documents, etc. - Proof of Commonwealth and foreign acts of State, judgments, etc.Provision

Documents to be proved must be sealed or purport to be sealed; a document signed under subsection (2)(b) must be supported by a written statement from the signing judge that the court has no seal.

Section Proof of Commonwealth and foreign acts of State, judgments, etc. Section Subject to this section— A document mentioned in subsection (1) sought to be proved, shall be sealed or purport to be sealed— all proclamations, treaties and other acts of State of a Commonwealth country or a foreign State; all judgments, decrees, orders and other judicial proceedings of any court of competent jurisdiction in a Commonwealth country or a foreign State; or all affidavits, pleadings and other legal documents filed or deposited in any such court, with the seal of the Commonwealth country or foreign State to which the original document belongs, in the case of an authenticated copy admissible in evidence; with the seal of the court to which the original document belongs, A document signed under subsection (2)(b) shall be supported by a statement in writing under the hand of the judge who signed the document stating that the court has no seal. A document which satisfies the provisions of this section shall be admitted in evidence in every case in which the original document could have been received in evidence without any proof of the seal where necessary or of the signature or the truth of the statement attached thereto or the judicial character of the person appearing to have made the signature or statement.

Section 4Verify source

Part III

Examination of witnesses, etc.

§ 10Examination of witnesses, etc. - Courts and judges having authority under this ActProvision

Section Courts and judges having authority under this Act Section The High Court of Uganda and a court over which presides a chief magistrate or a magistrate grade I and any judge or magistrate of any such court shall respectively be courts or judges having authority under this Act. For the purposes of this Act, except as the context otherwise requires, “judge” includes a chief magistrate and a magistrate grade I.

Section 10Verify source

§ 11Examination of witnesses, etc. - Persons giving false evidenceProvision

A person examined as a witness who wilfully gives false evidence is to be treated as having committed perjury.

Section Persons giving false evidence Section Notwithstanding any other written law, every person examined as a witness under this Act, who upon that examination wilfully gives any false evidence shall be deemed and taken to commit perjury.

Section 11Verify source

§ 5Examination of witnesses, etc. - Examination of witnesses in matters before foreign tribunalsProvision

A court or judge in Uganda may, on application, order examination of witnesses in Uganda for testimony in civil or commercial matters pending before foreign or Commonwealth tribunals; it may command attendance or document production, give directions about the examination, and the order may be enforced like other court orders.

Section Examination of witnesses in matters before foreign tribunals Section Whenever, upon an application being made for this purpose, it appears to a court or judge having authority under this Act that any court or tribunal of competent jurisdiction in a Commonwealth country or foreign State before which any civil or commercial matter is pending is desirous of obtaining the testimony, in relation to such matter, of any witness within the jurisdiction of the court in Uganda or of the judge in Uganda, the court or judge may order the examination, upon oath or affirmation, upon interrogatories or otherwise before any person named in the order, of such witness. The court or judge may by the same or subsequent order ommand the attendance of any person named in the order for the purpose of being examined or the production of any document to be mentioned in the order. An order made under subsection (2) may give such directions as to the time, place and manner of the examination and all other matters connected with the examination as may appear reasonable and just, and any such order may be enforced in like manner as an order made by the court or judge in a cause pending in the court or before the judge.

Section 5Verify source

§ 6Examination of witnesses, etc. - Certificate of diplomatic agentProvision

Section Certificate of diplomatic agent Section A certificate under the hand of a diplomatic representative of a Commonwealth country or foreign State that any matter in relation to which an application is made under this Act is a civil or commercial matter pending before a court or tribunal in the country of which he or she is the diplomatic representative and that such court or tribunal is desirous of obtaining the testimony of the witness to whom the application relates shall be evidence of the matters so certified. Where no certificate is produced under subsection (1) , other evidence to that effect shall be admissible.

Section 6Verify source

§ 7Examination of witnesses, etc. - Examination on oathProvision

A person authorised by order under this Act may examine witnesses on oath or affirmation.

Section Examination on oath Section A person authorised to take the examination of witnesses by order made in pursuance of this Act may take all such examinations upon the oath or affirmation of the witness to be administered by the person so authorised.

Section 7Verify source

§ 8Examination of witnesses, etc. - Expenses of witnessProvision

Persons required to attend under the Act are entitled to conduct money and payment for expenses and loss of time like those paid for attendance at a trial.

Section Expenses of witness Section Every person whose attendance is required under this Act shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial.

Section 8Verify source

§ 9Examination of witnesses, etc. - Refusal to answer questions, etc.Provision

A person examined under an order has the right to refuse to answer questions that may incriminate them or questions a witness in a related court cause could refuse; a person who refuses under that subsection cannot be compelled to produce documents they could not be forced to produce at the trial of that cause.

Section Refusal to answer questions, etc. Section A person examined under any order made under this Act shall have the like right to refuse to answer questions tending to incriminate himself or herself and other questions which a witness in any cause pending in the court by which or by a judge of which or before the judge by whom the order for examination was made would be entitled to. Any person who refuses to answer a question under subsection (1) shall not be compelled to produce under any order made under this Act any document that he or she would not be compellable to produce at a trial of such a cause.

Section 9Verify source

Part IV

Law ascertainment

§ 12Law ascertainment - Ascertainment of law outside UgandaProvision

Section Ascertainment of law outside Uganda Section Notwithstanding section 43 of the Evidence Act, whenever in any action pending in a court of competent jurisdiction in Uganda it appears to the court that it is necessary or expedient, for the proper disposal of the action before it, to ascertain the law applicable to the facts of the case as administered in a Commonwealth country or a foreign State on any point on which the law of the Commonwealth country or foreign State is different from the law of Uganda, it shall be competent for the court in which the action is pending to direct a case to be prepared setting forth the facts— Upon the case being approved of by the court or a judge of the court under subsection (1) — as these may be ascertained by the practice and procedure of the court; as may be agreed upon by the parties; or by such person as may be appointed by the court for that purpose in the event of the parties not agreeing. the parties to the case shall settle the question of law arising out of the case on which they desire to have the opinion of another court; and the judge shall accordingly make an order remitting the question of law as settled under paragraph (a) together with the case to the court in the Commonwealth country or foreign State whose opinion is desired upon the law administered by the court as applicable to the facts set forth in the case and desiring that court to pronounce its opinion on the question submitted to it under this Act. It shall be competent for any of the parties to any such action to present a petition to the court whose opinion is to be obtained praying that that court may hear the parties or their counsel and pronounce its opinion on the petition under the provisions of this Act or pronounce its opinion without hearing the parties or their counsel. The court to which a petition is presented shall, if it thinks fit, appoint an early day for hearing the parties to the petition or their counsel and shall thereafter pronounce its opinion upon the questions of law as administered by it which are submitted to it by the court in Uganda. The court to which the petition is presented shall be entitled to take such further procedure upon the petition as it deems fit.

Section 12Verify source

§ 13Law ascertainment - Certified copies of opinionProvision

When an opinion is pronounced under section 12, a certified copy of that opinion must be given to each party who requires it.

Section Certified copies of opinion Section Whenever an opinion is pronounced under section 12 , a copy of the opinion certified by an officer of such court shall be given to each of the parties to the action by whom the opinion shall be required. The copy of an opinion so certified shall be deemed and held to contain a correct record of the opinion.

Section 13Verify source

§ 14Law ascertainment - Application of opinionProvision

Parties to an action may lodge a certified copy of an opinion with an officer of the court together with a notice of motion; the court must apply that opinion to the facts as if it had pronounced the opinion itself.

Section Application of opinion Section It shall be competent for any of the parties to the action, after having obtained a certified copy of the opinion, to lodge that copy with an officer of the court in which the action is pending, together with a notice of motion setting forth that the party will, on a certain day named in the notice, move the court to apply the opinion contained in the certified copy of the opinion to the facts set forth in the case. The court shall thereupon apply that opinion to the facts in the same manner as if the opinion had been pronounced by the court itself upon a case reserved for the opinion of the court.

Section 14Verify source

Part V

Miscellaneous

§ 15Miscellaneous - RulesProvision

The Minister may, by statutory instrument and in consultation with the Chief Justice, make rules and orders to give effect to this Act and regulate procedure under it.

Section Rules Section The Minister may, by statutory instrument, in consultation with the Chief Justice, make rules and orders as shall be necessary or proper for giving effect to the provisions of this Act and regulating procedure under it.

Section 15Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Evidence Act
Section 12

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2023 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.