Administrator General v Kifubangabo (Misc. Application No. 630 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court allowed the Administrator General to adduce additional evidence on appeal in the form of a certificate of title showing that disputed land was registered, not unregistered as the trial magistrate had found. The court held that the evidence was not available at trial despite the applicant's efforts to obtain it, and that it was credible and relevant to the appeal ground challenging the finding that the respondent was a bona fide purchaser.
Outcome
Applicant granted leave to adduce additional evidence on appeal
Facts
The Administrator General administered the estate of Douglas Semuli Sebugwawo, whose land was registered as LRV 1305 Folio 24. Nankya Jane, claiming to be Sebugwawo's widow, sold a kibanja on this land to Kifubangabo Fred, representing it as unregistered customary land. The Administrator General challenged the sale in Civil Suit No. 372 of 2008. The trial magistrate found in favour of Kifubangabo, treating the land as an unregistered kibanja and finding him to be a bona fide purchaser. The Administrator General appealed. During the trial, efforts to trace the duplicate certificate of title and white page at the land office were futile. After judgment, the Administrator General obtained documentary evidence proving the kibanja was actually registered land. He sought leave to adduce this evidence on appeal.
Issues
- Whether the applicant should be allowed to produce additional evidence during the hearing of the pending appeal.
- Whether the evidence sought to be adduced was available at the time of trial.
- Whether the additional evidence is credible and relevant to the issues on appeal.
Orders
- Application allowed.
- The applicant is allowed to produce additional evidence during the hearing of Civil Appeal No. 60 of 2010.
- Costs of the application to be in the cause.
Rules and key headnotes
Legislation cited (6)
Cases cited (3)
- Wilberforce John v Tinkasimire (Court of Appeal Civil Appeal No. 32 of 1998)
- Elgood v R [1968] EA 274
- Board of Governors Gulu S.S.S v Phinson Odong [1991] HCB 85
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.