Wakilii

Mohindra v Mohindra (Civil Appeal No. 1 of 1955)

East African Court of Appeal · [1955] EACA 214 · 1955 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application in chambers for leave to adduce additional evidence on appeal from Supreme Court of Kenya judgment
Decision
Leave granted to adduce evidence on appeal; matter to proceed to full appeal hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that evidence concerning what the trial judge recorded in his notes may be adduced without leave under rule 74(2) of the Eastern African Court of Appeal Rules 1954, as it relates to matters occurring after the trial decision. The appellant could not know what note the trial judge made until after the trial. Sound practice requires notice to the opposite party before adducing such evidence.

Outcome

Leave granted to adduce evidence on appeal; matter to proceed to full appeal hearing

Facts

The appellant appealed from a judgment of the Supreme Court of Kenya. He sought leave to adduce evidence on appeal that the trial judge had obstructed his re-examination on matters arising from cross-examination and had refused to hear his advocate's address on the facts. The appellant alleged that neither the judge's notes nor the Supreme Court record disclosed these facts. The respondent partly admitted and partly denied these allegations. The appellant's advocate at trial swore an affidavit deposing to these facts, while the respondent's advocate swore a counter-affidavit.

Issues

  1. Whether the appellant may adduce evidence on appeal that the trial judge obstructed re-examination and refused to hear counsel's address on the facts.
  2. Whether such evidence falls within rule 74(2) of the Eastern African Court of Appeal Rules 1954 as matters occurring after the date of the decision.

Orders

  • Application granted.
  • Affidavits filed with application to be read, subject to all just exceptions, on the hearing of the appeal.
  • Liberty to both parties to file further affidavits and counter-affidavits.
  • Costs reserved for the court hearing the appeal.

Rules and key headnotes

Civil Procedure — Appeals — Additional Evidence — Evidence of Trial Judge's Conduct and Notes
Evidence concerning what a trial judge recorded in his notes or how he conducted the trial may be adduced on appeal without leave under rule 74(2) of the Eastern African Court of Appeal Rules 1954, as it relates to matters occurring after the date of the decision from which the appeal is brought, since a party could not know at trial what note the judge was making.
Civil Procedure — Appeals — Additional Evidence — Notice to Opposite Party
It is sound practice that a party proposing to adduce evidence on appeal concerning matters such as the trial judge's conduct or notes should give notice to the opposite party of his intention to do so, to prevent surprise and possible adjournment of the hearing.

Cases cited (1)

  • Re Chennell (1878) 8 Ch. D. 492

Full judgment

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

Mohindra v Mohindra (Civil Appeal No. 1 of 1955) [1955] EACA 214 (1 January 1955)
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.