[1988] UGSC 2

[1988] UGSC 2

The court found that the applicant demonstrated reasonable diligence in attempting to locate Yona Kanyomozi prior to the trial, as evidenced by inquiries made and the eventual discovery of his whereabouts after the trial concluded. The proposed evidence from Kanyomozi was directly relevant to the central financial transactions underlying the dispute and would likely have an important influence on the outcome. The absence of his testimony at trial, coupled with the respondent's own reference to his non-participation as a miscarriage of justice, justified the admission of additional evidence. The court applied the principles from Ladd v Marshall and related authorities, concluding that the...

Citation
[1988] UGSC 2
Parties
Appellant: Robert Busenbe; Respondent: Lint Marketing Board
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 August 1988
Procedural Posture
Civil Application / Application for Leave to Adduce Additional Evidence on Appeal
Outcome
application granted
Judges
Lugogo, JSC
Legal Topics
Additional Evidence on Appeal, Diligence in Evidence Discovery, Miscarriage of Justice
Source Language
English
Civil Procedure Additional Evidence on Appeal Diligence in Evidence Discovery Miscarriage of Justice

Case Brief

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Parties

Robert Busenbe

Appellant

Lint Marketing Board

Respondent

Procedural Posture

Civil Application / Application for Leave to Adduce Additional Evidence on Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to adduce additional evidence on appeal.
  2. 2 Whether the absence of Yona Kanyomozi's testimony at trial was due to lack of reasonable diligence.
  3. 3 Whether the proposed evidence would have an important influence on the outcome of the case.

Ratio Decidendi

The court found that the applicant demonstrated reasonable diligence in attempting to locate Yona Kanyomozi prior to the trial, as evidenced by inquiries made and the eventual discovery of his whereabouts after the trial concluded. The proposed evidence from Kanyomozi was directly relevant to the central financial transactions underlying the dispute and would likely have an important influence on the outcome. The absence of his testimony at trial, coupled with the respondent's own reference to his non-participation as a miscarriage of justice, justified the admission of additional evidence. The court applied the principles from Ladd v Marshall and related authorities, concluding that the...

Court Disposition

application granted

Orders

  • The application for leave to adduce additional evidence is granted.
  • The additional evidence of Yona Kanyomozi shall be taken by the trial court in accordance with Rule 29(3) of the Supreme Court Rules.