Sentambule v Musoke (Civil Application 481 of 2024)

Court of Appeal · [2025] UGCA 83 · 2025 Application Dismissed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application by notice of motion for leave to adduce additional evidence on a second appeal pending before the Court of Appeal

Decision

Application for leave to adduce additional evidence rejected and dismissed; no order as to costs

The full judgment

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Holding

The applicant sought leave to adduce additional evidence in a second appeal arising from a land trespass suit. The Court held that under Rule 32(2) of the Court of Appeal Rules it has no discretion to receive additional evidence on a second appeal from the High Court acting in its appellate jurisdiction. It declined to invoke its inherent powers under Rule 2(2) to circumvent that express prohibition, and distinguished Supreme Court authorities permitting such evidence on the basis that the Supreme Court Rules contain no equivalent bar. Following its earlier decision in Byahugwaho Zebrone, the Court found the application incompetent. The application was rejected and dismissed, with no order as to costs because it was uncontested.

Facts

The respondent sued the applicant in the Chief Magistrate's Court of Nakawa (Civil Suit No. 204 of 2009) for trespass on land comprised in Kyadondo Block 185 Plot 531 at Butenga, Wakiso District. The applicant was declared a trespasser. During the trial the magistrate conducted a locus visit but the proceedings were not placed on record. The applicant's first appeal to the High Court (HCCA No. 118 of 2011) was dismissed partly because there was no record of the locus visit. He appealed to the Court of Appeal in Civil Appeal No. 122 of 2015. By this application he sought leave to adduce additional evidence, namely the locus visit proceedings and ruling in a later objector application (HCMA No. 257A of 2023, Ssali Moses v Sentambule & Musoke) and pleadings and a ruling in HCCS No. 18 of 2019, contending the material was not available earlier and would show he was not the sole occupant of the land. The respondent filed no reply and the application proceeded uncontested.

Issues

Whether the Court of Appeal may grant leave to adduce additional evidence on a second appeal from the decision of the High Court acting in its appellate jurisdiction.

Orders

The application is rejected and dismissed.
No order is made as to costs, the matter being uncontested.

Key headnotes

Civil Procedure — Additional Evidence on Appeal — Second Appeal from High Court Appellate Jurisdiction

On a second appeal from a decision of the High Court acting in exercise of its appellate jurisdiction, the Court of Appeal has power to appraise the inferences of fact drawn by the trial court but has no discretion under Rule 32(2) of the Court of Appeal Rules to take additional evidence.

Civil Procedure — Inherent Powers of the Court — Limits — Rule 2(2)

The inherent powers of the Court of Appeal under Rule 2(2) of its Rules cannot be invoked to usurp or circumvent the express prohibition in Rule 32(2) against taking additional evidence on a second appeal from the High Court's appellate jurisdiction.

Civil Procedure — Precedent — Distinguishing Supreme Court Authority on Different Rules

Supreme Court decisions allowing additional evidence in exceptional circumstances under Rule 2(2) of the Supreme Court Rules do not apply to the Court of Appeal, because the Court of Appeal Rules contain an express prohibition in Rule 32(2) that has no counterpart in the Supreme Court Rules.

Legislation cited (9)

Judicature Act Cap 16 s.33
Civil Procedure Act Cap 282 s.98
Civil Procedure Act Cap 282 s.100
Court of Appeal Rules r.2(2)
Court of Appeal Rules r.30(1)
Court of Appeal Rules r.30(2)
Court of Appeal Rules r.30(3)
Court of Appeal Rules r.32(2)
Court of Appeal Rules r.43

Cases cited (6)

Henry Kifamunte v Uganda, SCCA No. of 1997
Commissioner Land Registration v Lukwajju (Civil Application No. 12 of 2016)
Hon. Anifa Bangirana Kawooya v National Council for Higher Education (Miscellaneous Application No. 8 of 2013)
Attorney General v Paul Kawanga Semwogerere & Another (Constitutional Application No. 2 of 2004)
Yowasi Kabiguruka v Samuel Byamfu (Civil Appeal No. 18 of 2008)
Byahugwaho Zebrone & Another v Nakabonye Eseza (Miscellaneous Application No. 224 of 2017)

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.