[2017] UGHCCD 210
The court found that the production of the applicant's letter to Post Bank Jinja Branch dated 21/8/2008 would not prejudice any of the parties. The Registrar's dismissal of the application was therefore set aside, and the Post Bank Jinja Branch was directed to produce the letter in evidence. The court exercised its...
Source-derived case information.
- Citation
- [2017] UGHCCD 210
- Parties
- Appellant: Kirti Sigh Rana; Respondent: Mayanja Geofrey & Others
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- MISC. APPEAL No. 203 of 2015
- Procedural Posture
- Miscellaneous Appeal / Ruling on Appeal Against Registrar's Dismissal of Application to Produce Document
- Outcome
- appeal allowed
- Judges
- Elubu, J
- Legal Topics
- Production of Documents, Evidence Admissibility, Appeals, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirti Sigh Rana
Appellant
Mayanja Geofrey & Others
Respondent
Procedural Posture
Miscellaneous Appeal / Ruling on Appeal Against Registrar's Dismissal of Application to Produce Document
Legal Issues
- 1 Whether the Registrar erred in dismissing the application to compel production of a letter by Post Bank Jinja Branch.
- 2 Whether granting the order to produce the letter would prejudice any party.
Ratio Decidendi
The court found that the production of the applicant's letter to Post Bank Jinja Branch dated 21/8/2008 would not prejudice any of the parties. The Registrar's dismissal of the application was therefore set aside, and the Post Bank Jinja Branch was directed to produce the letter in evidence. The court exercised its discretion under the Civil Procedure Act and Rules to ensure that relevant evidence is available for the just determination of Civil Suit No. 60 of 2012. No order as to costs was made, reflecting the court's view that neither party should be penalized for the application or appeal.
Court Disposition
appeal allowed
Orders
- Post Bank Jinja Branch is directed to produce in evidence the applicant's letter to them dated 21/8/2008.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT JINJA MISC. APPEAL NO. 203 OF 2015 ARISING FROM MISC. APPLICATION NO. 451 OF 2015 ARISING FROM CIVIL SUIT NO. 60 OF 2012
**KIRTI SIGH RANA**
========================= APPELLANT
## **VERSUS**
MAYANJA GEOFREY & OTHERS ========================RESPONDENTS
## BEFORE HON. JUSTICE MICHAEL ELUBU
## **RULING**
The Applicant filed an application to have a letter written to the Manager Post Bank, Jinja Branch, produced by the Bank and tendered in evidence in C. S. No. $60/2012$ .
That application was dismissed by the Registrar. Hence this appeal filed under S.79 of CPA 0.50 r 8 of The CPR.
I have addressed my mind to the pleadings and affidavit evidence. I have also carefully studied the attached submissions.
It is my finding that the orders prayed for if granted do not prejudice any of the parties.
The Post Bank Jinja Branch is therefore directed to produce in evidence the applicants' letter to them dated 21/8/2008.
There shall be no orders as to costs.
**MICHAEL ELUBU JUDGE** 21/9/2017