[2019] UGHCFD 1

[2019] UGHCFD 1

The court held that the applicant failed to meet the threshold for adducing additional evidence on appeal. The evidence sought to be introduced was within the applicant's knowledge at the time of the original proceedings, and he had the opportunity to seek a production order or adduce such evidence but failed to do so. The court emphasized that litigation must come to an end and that parties are expected to present all relevant evidence at trial. The exceptions for admitting additional evidence on appeal—such as discovery of new and important matters not available with due diligence—were not satisfied, as the applicant admitted knowledge of the property issues and did not demonstrate...

Citation
[2019] UGHCFD 1
Parties
Applicant: Edward Tibahwerwayo; Respondent: Daisy Namuli
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
26 August 201926 August 201919 March 2019
Case Number
Misc. Application No. 433 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Adduce Additional Evidence and Production Order Pending Appeal
Outcome
application dismissed
Judges
Kitariisibwa-Katunguka, J
Legal Topics
Adducing Additional Evidence, Matrimonial Property, Production of Documents, Appeals Procedure
Source Language
English
Civil Procedure Family and Children Adducing Additional Evidence Matrimonial Property Production of Documents Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Tibahwerwayo

Applicant

Daisy Namuli

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Adduce Additional Evidence and Production Order Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to adduce additional evidence on appeal.
  2. 2 Whether the court should order the respondent to produce a leasehold application document for property at Kibulu Kiganda.

Ratio Decidendi

The court held that the applicant failed to meet the threshold for adducing additional evidence on appeal. The evidence sought to be introduced was within the applicant's knowledge at the time of the original proceedings, and he had the opportunity to seek a production order or adduce such evidence but failed to do so. The court emphasized that litigation must come to an end and that parties are expected to present all relevant evidence at trial. The exceptions for admitting additional evidence on appeal—such as discovery of new and important matters not available with due diligence—were not satisfied, as the applicant admitted knowledge of the property issues and did not demonstrate...

Court Disposition

application dismissed

Orders

  • The application for leave to adduce additional evidence is dismissed.
  • The application for a production order is dismissed.