Wakilii

Marias Care v Kibono (Civil Suit 12 of 2021)

High Court · [2023] UGHCCD 300 · 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
Objection dismissed and documents admitted into evidence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court allowed plaintiff's counsel to tender documents including a court order, special powers of attorney, certificate of registration, and special resolution. The documents were requested by defendant's counsel during cross-examination and complied with the Evidence Act. The court found no prejudice to the defendant as the documents introduced no new matter or claim and were public documents within the meaning of the Evidence Act.

Outcome

Objection dismissed and documents admitted into evidence

Facts

During the hearing on 19 January 2023, plaintiff's counsel submitted original documents including a board resolution authorising Mr. Fred Owor Gumasi to be a witness, special powers of attorney, an LC III letter confirming witness Lawrence Bajainja Abise served as LC I Chairman from 2001 to 2008, 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 requested by defendant's counsel during cross-examination of the plaintiff's witness. Court directed both parties to file submissions on the objection.

Issues

  1. Whether the plaintiff's counsel should be permitted to tender documents that were requested by defendant's counsel during cross-examination.
  2. Whether the documents objected to are admissible in evidence.

Orders

  • Defendant's objection dismissed.
  • Plaintiff's prayer to tender in the Court order, Special Powers of Attorney, Plaintiff's Certificate of Registration and Special Resolution granted.

Rules and key headnotes

Evidence — Admissibility — Documents Requested During Cross-Examination
Where counsel for the defendant requests a witness during cross-examination to present specific documents, the witness may tender those documents in evidence even if the procedure through which they were solicited is alien to practice, provided the documents comply with the rules of evidence.
Evidence — Original Documents — Admissibility
Documents produced in their original form are admissible in evidence in accordance with sections 60 and 61 of the Evidence Act.
Civil Procedure — Objections to Evidence — Prejudice Test
An objection to the admission of documents will not be upheld where the documents are not fatal or prejudicial to the objecting party's case, do not introduce a new matter or claim, and cause no miscarriage of justice.
Evidence — Public Documents — Admissibility
Public documents within the meaning of section 73(b) of the Evidence Act are admissible in evidence.

Legislation cited (3)

Full judgment

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

Marias Care v Kibono (Civil Suit 12 of 2021) [2023] UGHCCD 300 (7 June 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.