Foreign Tribunals Evidence Act

A court or the Chief Justice may nominate a fit person to take the examination of a witness or person where an order for examination has been made and a request has been sent to a court beyond the ordering court's jurisdiction.

If an examination order is sent to a court outside the ordering court's jurisdiction, that court or the Chief Justice may nominate a local judge, magistrate or other judicial officer to take the examination.

If a witness or person is to be examined outside the court's jurisdiction under section 1 or 2, they may be examined on oath, affirmation or according to local law; any deposition taken under that permission is effective as if sworn before an authorised person in the ordering court.

Documents to be proved must be sealed or purport to be sealed; a document signed under subsection (2)(b) must be supported by a written statement from the signing judge that the court has no seal.

The High Court of Uganda, courts presided over by a chief magistrate or a magistrate grade I, and any judge or magistrate of such courts are courts or judges having authority under this Act; and the term “judge” includes a chief magistrate and a magistrate grade I (except as context otherwise requires).

A person examined as a witness who wilfully gives false evidence is to be treated as having committed perjury.

A court or judge in Uganda may, on application, order examination of witnesses in Uganda for testimony in civil or commercial matters pending before foreign or Commonwealth tribunals; it may command attendance or document production, give directions about the examination, and the order may be enforced like other court orders.

A certificate signed by a diplomatic representative that a matter is civil or commercial and that the foreign court desires a witness’s testimony is evidence; if no such certificate is produced, other evidence to that effect is admissible.

A person authorised by order under this Act may examine witnesses on oath or affirmation.

Persons required to attend under the Act are entitled to conduct money and payment for expenses and loss of time like those paid for attendance at a trial.

A person examined under an order has the right to refuse to answer questions that may incriminate them or questions a witness in a related court cause could refuse; a person who refuses under that subsection cannot be compelled to produce documents they could not be forced to produce at the trial of that cause.

Courts in Uganda may, when necessary to determine foreign or Commonwealth law differing from Ugandan law, direct a case to be prepared and remit settled questions of law to the foreign court; parties must settle the question of law and may petition the foreign court, which may take further procedure.

When an opinion is pronounced under section 12, a certified copy of that opinion must be given to each party who requires it.

Parties to an action may lodge a certified copy of an opinion with an officer of the court together with a notice of motion; the court must apply that opinion to the facts as if it had pronounced the opinion itself.

The Minister may, by statutory instrument and in consultation with the Chief Justice, make rules and orders to give effect to this Act and regulate procedure under it.