Wakilii

Maria's Care v Kibono (Civil Suit 12 of 2021)

High Court · [2023] UGHCCD 294 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory ruling on objection to tendering of documents during civil trial
Decision
Documents admitted into evidence; matter to proceed to trial on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court allowed the plaintiff to tender documents that had been specifically requested by defendant's counsel during cross-examination of the plaintiff's witness. The court found that although the procedure through which the documents were solicited was alien to practice, the documents adhered to the rules of evidence, were produced in original form, and were not prejudicial to the defendant's case as they introduced no new matter or claim.

Outcome

Documents admitted into evidence; matter to proceed to trial on merits

Facts

During the hearing of Civil Suit No. 12 of 2021 on 19 January 2023, plaintiff's counsel submitted original copies of the plaintiff's Board Resolution authorising Mr. Fred Owor Gumasi to be a witness, Special Powers of Attorney, an LC III letter confirming witness credentials, a National Identity Card, and a Court Order from Miscellaneous Application No. 063 of 2021. Defendant's counsel objected to tendering these documents. The documents in question had been specifically requested by defendant's counsel during cross-examination of the plaintiff's witness. The court directed both parties to file submissions on the objection.

Issues

  1. Whether the plaintiff's counsel could tender documents that were requested by defendant's counsel during cross-examination.
  2. Whether the documents tendered (Court order, Special Powers of Attorney, Certificate of Registration, and Special Resolution) were admissible in evidence.

Orders

  • Objection by defendant's counsel dismissed.
  • Plaintiff's prayer to tender in the Court order, Special Powers of Attorney, Certificate of Registration and Special Resolution granted.

Rules and key headnotes

Evidence — Admissibility — Documents Requested During Cross-Examination
Where counsel for one party requests specific documents from a witness during cross-examination, that party cannot subsequently object to the tendering of those same documents on procedural grounds.
Evidence — Documentary Evidence — Original Documents
Documents produced in their original form satisfy the requirements of the Evidence Act and are admissible where they adhere to the rules of evidence.
Civil Procedure — Objections — Prejudice to Opposing Party
An objection to the admission of documents will not be upheld where the documents do not introduce a new matter or claim, cause no miscarriage of justice, and are not prejudicial to the objecting party's case.

Legislation cited (3)

Full judgment

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

Maria's Care v Kibono (Civil Suit 12 of 2021) [2023] UGHCCD 294 (7 July 2023)
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.