[2016] UGHCCRD 492

Parties

Procedural Posture

Miscellaneous 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 in the pending criminal appeal.
2. 2 Whether the applicant had knowledge or possession of the additional evidence at the time of trial.
3. 3 Whether the additional evidence is material to the determination of the appeal.

Ratio Decidendi

The court found that the applicant did not have knowledge or possession of the additional evidence—letters from the Administrator General and Commissioner Land Registration—at the time of trial or when he gave evidence. The letters came into existence after the trial and sentencing. The respondent did not file an affidavit in reply, leaving the applicant's affidavit evidence unchallenged. The court held that the requirements for adducing additional evidence on appeal were met: the evidence was not available at trial, was material, and its admission was in the interest of justice. Accordingly, the application was allowed and the applicant was granted leave to adduce the additional evidence...

Court Disposition

application allowed

Orders

• Leave is granted to the applicant to adduce additional evidence in Criminal Appeal No. 52 of 2015.
• The additional evidence shall be adduced in accordance with Section 41 of the Criminal Procedure Code Act, Cap.116.