[2012] UGHC 206

[2012] UGHC 206

The court found that the applicant was unable to produce the certificate of title during the trial despite diligent efforts, and has now obtained credible documentary evidence showing the kibanja holding is registered land. This evidence is directly relevant to ground 1 of the appeal, which challenges the finding that the respondent was a bona fide purchaser based on the premise that the land was unregistered. The court held that the exceptional circumstance justifying admission of additional evidence is the trial magistrate's decision being premised on the non-existence of a certificate of title. The interests of justice require that the appellate court be allowed to consider this new...

Citation
[2012] UGHC 206
Parties
Applicant: Administrator General; Respondent: Kifubangabo Fred
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
18 October 2012
Case Number
Misc. Application No. 630 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Adduce Additional Evidence on Appeal
Outcome
application allowed
Judges
Tuhaise, J
Legal Topics
Adducing Additional Evidence on Appeal, Registered Land Vs Kibanja, Bona Fide Purchaser, Certificate of Title, Appellate Discretion
Source Language
English
Civil Procedure Land and Property Adducing Additional Evidence on Appeal Registered Land Vs Kibanja Bona Fide Purchaser Certificate of Title Appellate Discretion

Case Brief

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Parties

Administrator General

Applicant

Kifubangabo Fred

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Adduce Additional Evidence on Appeal

Legal Issues

  1. 1 Whether the applicant should be allowed to produce additional evidence during the hearing of Civil Appeal No. 60 of 2011.
  2. 2 Whether the additional evidence sought was unavailable at the time of trial and is relevant to the appeal.
  3. 3 Whether the interests of justice require admission of the additional evidence.

Ratio Decidendi

The court found that the applicant was unable to produce the certificate of title during the trial despite diligent efforts, and has now obtained credible documentary evidence showing the kibanja holding is registered land. This evidence is directly relevant to ground 1 of the appeal, which challenges the finding that the respondent was a bona fide purchaser based on the premise that the land was unregistered. The court held that the exceptional circumstance justifying admission of additional evidence is the trial magistrate's decision being premised on the non-existence of a certificate of title. The interests of justice require that the appellate court be allowed to consider this new...

Court Disposition

application allowed

Orders

  • The applicant is allowed to produce additional evidence during the hearing of Civil Appeal No. 60 of 2011.
  • Costs of the application will be in the cause.