Wakilii

Kayinga Gerald v Muwanga Livingstone [2026] UGHC 611

High Court · 2026 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on two preliminary objections raised by the Defendant before scheduling and hearing of the Plaintiff's case
Decision
Both preliminary objections overruled; matter to proceed to hearing on merits

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Holding

The court dismissed both preliminary objections. First, Advocate Annet Kanyago was not barred from testifying because Regulation 9 of the Advocates (Professional Conduct) Regulations prohibits an advocate from acting simultaneously as counsel and witness in the same case, not from testifying where she is not appearing as counsel. Allegations of conflict of interest and breach of fiduciary duty were factual matters requiring proof at trial, not grounds for blanket exclusion. Second, the objection to video recordings was premature because the recordings had not yet been formally tendered in evidence, and admissibility could only be determined after the necessary evidentiary foundation was laid at trial.

Outcome

Both preliminary objections overruled; matter to proceed to hearing on merits

Facts

The Plaintiff sued the Defendant in a civil matter. Before the scheduling and hearing of the Plaintiff's case, the Defendant raised two preliminary objections. First, the Defendant sought to bar Advocate Annet Kanyago from testifying as a witness, alleging she had previously acted for the Defendant and other parties in the disputed transactions, creating a conflict of interest and breaching professional obligations. The Defendant alleged she was involved in a sale transaction, Memorandum of Understanding, and the Plaintiff's loan facility, and that she acted as guarantor for the Plaintiff while representing both parties. Second, the Defendant sought to exclude video recordings the Plaintiff intended to rely upon, arguing they did not satisfy legal requirements for electronic evidence under the Electronic Transactions Act, lacked authenticity and reliability, had not been transcribed or translated, and that the intended witnesses lacked ICT expertise. The Plaintiff opposed both objections, arguing that Regulation 9 only prohibits dual roles of counsel and witness, that the conflict allegations were disputed facts requiring proof at trial, and that the video objection was premature since the recordings had not yet been tendered.

Issues

  1. Whether Advocate Annet Kanyago should be barred from testifying as a witness for the Plaintiff on grounds of conflict of interest and breach of professional obligations under Regulations 9 and 10 of the Advocates (Professional Conduct) Regulations.
  2. Whether the Plaintiff's intended video recordings should be excluded from evidence for alleged non-compliance with the Electronic Transactions Act and other legal requirements governing electronic evidence.

Orders

  • The Defendant's preliminary objection seeking to bar Advocate Annet Kanyago from testifying as a witness is dismissed.
  • The Defendant's preliminary objection seeking the exclusion of the intended video recordings is declined as premature.
  • The Defendant shall be at liberty to raise any appropriate evidentiary objections at the stage when the impugned evidence is formally tendered before Court.
  • The parties shall appear before this Court for scheduling on 10 September 2026 at 9:30 a.m.
  • The parties shall appear before this Court for scheduling and hearing of the Plaintiff's case on 9 December 2026 at 10:00 a.m.
  • The parties shall appear before this Court for further hearing of the Defendant's case on 10 December 2026 at 10:00 a.m.
  • Costs shall abide the outcome of the main suit.

Rules and key headnotes

Preliminary Objections — Requirements — Pure Point of Law
A preliminary objection must raise a pure point of law capable of disposing of the matter without requiring the court to investigate contested facts, and it must be argued on the assumption that all facts pleaded by the other side are correct.
Advocate as Witness — Professional Conduct Regulations — Dual Role Prohibition
Regulation 9 of the Advocates (Professional Conduct) Regulations prohibits an advocate from simultaneously appearing as counsel and testifying as a witness in the same proceedings, but does not prohibit an advocate from testifying as a witness where that advocate is not appearing as counsel in the case.
Advocate as Witness — Conflict of Interest — Credibility vs Competency
Allegations that an advocate acted for both parties in a transaction, failed to disclose conflicts of interest, or breached fiduciary duties go to the credibility and weight of that advocate's testimony, not to the advocate's competency to testify, and such matters are properly tested through cross-examination at trial rather than by blanket exclusion of the witness.
Electronic Evidence — Admissibility — Premature Objection
An objection to the admissibility of electronic evidence is premature where the evidence has not yet been formally tendered before the court and no witness has testified regarding the circumstances of its creation, authenticity, chain of custody, or compliance with statutory requirements, as such matters can only be determined after the necessary evidentiary foundation has been laid at trial.
Preliminary Objections — Disputed Facts — Improper Foundation
A preliminary objection founded on disputed factual allegations that do not appear in the pleadings and require evidentiary proof is not a proper preliminary objection, as submissions from the bar do not constitute evidence and the court cannot resolve contested facts under the guise of a preliminary objection.

Legislation cited (6)

Cases cited (10)

  • Uganda Telecom Limited v ZTE Corporation (Supreme Court Civil Appeal No. 03 of 2017)
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696
  • Uganda Development Bank v Kasirye Byaruhanga & Co. Advocates (Supreme Court Civil Appeal No. 35 of 1994)
  • NAS Airport Services Limited v Attorney General of Kenya [1959] 1 EA 53
  • Baleke Kayira Peter & 4 Others v Attorney General & 2 Others (Civil Suit No. 179 of 2002)
  • Olega v Alidriga (Civil Appeal No. 0006 of 2013)
  • Henry Kaziro Lwandasa v Kyas Global Trading Co. Ltd (High Court Miscellaneous Application No. 865 of 2014)
  • Electro Max Uganda Ltd v Oryx Oil Uganda Ltd (High Court Miscellaneous Application No. 251 of 2020)
  • Birungi Cephas Bagyenda v. Kabale Municipal Council and Attorney General
  • R v Rampling

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kayinga Gerald v Muwanga Livingstone 2026 UGHC 611 (1 June 2026)
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.