Wakilii

Namuli v Tibahwerayo (Miscellaneous Application No. 384 of 2018)

High Court · [2019] UGHCFD 41 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to inspect bank records arising from a civil appeal against a Chief Magistrate's Court decree in divorce proceedings
Decision
Application for leave to inspect bank records dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed an application for leave to inspect bank records concerning a property that was not subject to the pending appeal. The court held that the evidence sought was additional evidence not relevant to the appeal grounds and the applicant failed to demonstrate that the bank records would clarify ownership of the properties actually under appeal.

Outcome

Application for leave to inspect bank records dismissed

Facts

The parties are former spouses who were granted a decree nisi. The respondent filed an appeal challenging the Chief Magistrate's holdings in Divorce Cause No. 11 of 2016 concerning various properties including property in Kinawataka Mbuya, a shop at Ben Kiwanuka Street, five shops at Kalamba Trading Center, and a farmhouse at Kibuulu Kiganda Mubende district. The applicant sought leave to inspect bank records from 2007-2010 to prove she paid the mortgage for a house in Bugolobi. The Bugolobi house had been decided and was not part of the appeal. The applicant claimed she paid UGX 38,000,000 through Housing Finance Bank into the respondent's account and wished to prove the respondent had no money while she did.

Issues

  1. Whether the applicant should be granted leave to inspect bank records of both parties for the period 2007-2010.
  2. Whether the bank records sought are relevant to the grounds of appeal concerning matrimonial property.

Orders

  • Application dismissed.
  • Applicant to bear the costs.

Rules and key headnotes

Evidence — Relevance — Additional Evidence on Appeal — Evidence Not Relevant to Grounds of Appeal
Evidence sought to be adduced must be relevant to the grounds of appeal. Where the ownership of a particular property has been finally decided and does not feature in the appeal, evidence relating solely to that property is not relevant to the appeal grounds and leave to adduce such evidence will be refused.
Evidence — Bankers' Books — Section 6 Evidence Act — Relevance Test
Under section 6 of the Evidence Act, bank records may be relevant as facts which are the occasion, cause or effect of facts in issue. However, an applicant seeking leave to inspect bank records must demonstrate how those records occasion, cause, effect, or are otherwise relevant to the occurrence of the facts leading to the grounds of appeal.

Legislation cited (4)

  • Evidence (Banker's Books) Act s.6
  • Evidence (Banker's Books) Act s.7
  • Civil Procedure Rules O.52 r.2
  • Evidence Act s.6

Full judgment

↓ Download PDF

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

Namuli v Tibahwerayo (Miscellaneous Application No. 384 of 2018) [2019] UGHCFD 41 (12 September 2019)
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.