Wakilii

Mark Mugasha v Mighty Rides Limited and Others (Civil Suit No. 1016 of 2024; Miscellaneous Application No. 2185 of 2025)

High Court · [2026] UGCOMMC 221 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to recall witness for further examination arising from pending civil suit
Decision
Applicant recalled as witness to testify to authenticity of WhatsApp messages in pending civil suit

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Holding

The High Court granted an application to recall a witness for further examination under Order 18 rule 13 of the Civil Procedure Rules. The applicant sought to testify to the authenticity of WhatsApp messages after obtaining a Know Your Customer report from MTN Uganda confirming ownership of the telephone number in dispute. The court held that where evidence is central to the issues in the main suit and a witness needs to be recalled to authenticate disputed evidence in the interest of justice, the discretion to recall should be exercised. The recall was permitted to prevent failure of justice and ensure fair determination of the underlying civil suit.

Outcome

Applicant recalled as witness to testify to authenticity of WhatsApp messages in pending civil suit

Facts

The applicant instituted Civil Suit No. 1016 of 2024 in the Commercial Division. During trial, he sought to rely on WhatsApp communications between himself and the 2nd respondent concerning the subject matter of the suit. The respondents disputed the authenticity of the WhatsApp messages, and consequently the messages were identified as D1-D11 but not admitted as exhibits. The applicant then obtained a court order to secure Know Your Customer details from MTN Uganda for the telephone number used in the disputed communications. MTN Uganda provided a KYC report confirming the ownership and registration details of the telephone number. The applicant then applied to be recalled as a witness to testify to the identity and authenticity of the messages and to tender the authenticated WhatsApp messages. The respondents did not file an affidavit in reply to the application.

Issues

  1. Whether the application has raised sufficient grounds to warrant the recall of the Applicant for examination?
  2. What remedies are available to the parties?

Orders

  • The Applicant is hereby recalled to lead his evidence regarding WhatsApp messages between him and the 2nd Respondent in Civil Suit No. 1016 of 2024.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Recall of Witnesses — Discretion of Court under Order 18 rule 13
Order 18 rule 13 of the Civil Procedure Rules vests the court with discretionary power to recall any witness at any stage of the suit to put such questions as the court thinks fit, and this discretion must be exercised judiciously.
Civil Procedure — Recall of Witnesses — Principles Governing Exercise of Discretion
In deciding whether to recall a witness, the court must consider whether: (i) the recall would merely fill gaps in a party's case after all procedures have been exhausted; (ii) the recall would cause prejudice to the opposite party; (iii) the request constitutes an abuse of court process; and (iv) the recall is essential to a just decision of the case.
Civil Procedure — Recall of Witnesses — Interest of Justice
The object of the power to recall witnesses is to prevent failure of justice on account of bona fide mistakes of either party in bringing valuable evidence on record or leaving ambiguity in witness testimonies, and the determinative factor is whether the recall is essential to a just decision of the case.
Evidence — Authentication of Electronic Evidence — WhatsApp Messages
Where WhatsApp messages are disputed as to authenticity and a party obtains a Know Your Customer report from a telecommunications service provider confirming ownership of the telephone number used in the communications, the court may recall the witness to testify to the authenticity of the messages where such evidence is central to the issues in the suit.
Civil Procedure — Unopposed Applications — Effect of Failure to Reply
Where an applicant supports an application by affidavit and the respondent does not reply by affidavit or otherwise, and the supporting evidence is credible in itself, the facts stand as unchallenged and are presumed to be admitted.

Legislation cited (7)

Cases cited (5)

  • Serefaco Consultants Ltd v Euro Consult BV and Another (Court of Appeal Civil Application No. 16 of 2007)
  • William Akankwasa v Registrar of Titles (High Court Miscellaneous Application No. 33 of 2008)
  • Attorney General v Paul K. Ssemwogerere and 2 Others (Constitutional Application No. 2 of 2004)
  • Malaba Town Council v Ekel Martin (Miscellaneous Application No. 15 of 2025)
  • Kuringe Real Estates Vs NMB Bank PLC TZ HC CD 104 of 2023

Full judgment

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

Mark Mugasha v Mighty Rides Limited and Others (Civil Suit No. 1016 of 2024; Miscellaneous Application No. 2185 of 2025) [2026] UGCommC 221 (13 May 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.