Weraga v Uganda (Miscellaneous Application No. 66 of 2015)

Observed later treatment

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.

Holding

The High Court granted leave to the applicant to adduce additional evidence in his pending criminal appeal under Section 41 of the Criminal Procedure Code Act. The court held that the applicant satisfied the test for adducing additional evidence because the letters from the Administrator General and Commissioner Land Registration came into existence after the applicant had given evidence at trial and after his conviction and sentence, and therefore were not within his knowledge during the trial proceedings.

Outcome

Leave granted to adduce additional evidence in pending criminal appeal

Facts

The applicant, Peter Wasswa Weraga, had been convicted of forgery and uttering false documents relating to letters of administration for the estate of late Ibrahim Kigala. The prosecution alleged he forged these documents to fraudulently procure two certificates of title. Following his conviction and sentence in April 2015, the applicant filed Criminal Appeal No. 52 of 2015. He then sought leave to adduce additional evidence consisting of two letters: one from the Administrator General dated 31st March 2015 (received 1st April 2015) and another from the Commissioner Land Registration dated 26th June 2015. The applicant claimed these letters exonerated him. The Administrator General's witness (PW1) had testified against him on 18th July 2013, and the applicant gave evidence on 25th February 2015. Judgment was delivered on 28th April 2015 and sentence on 29th April 2015.

Issues

1. Whether the applicant should be granted leave to adduce additional evidence in his pending criminal appeal.
2. Whether the letters from the Administrator General and Commissioner Land Registration were within the applicant's knowledge at the time of trial.

Orders

• Application allowed.
• The applicant is granted leave to adduce additional evidence in Criminal Appeal No. 52 of 2015.
• The additional evidence shall be adduced in the appellate Court in accordance with Section 41 of the Criminal Procedure Code Act Cap.116.

Rules and key headnotes

Legislation cited (3)

• Criminal Procedure Code Act Cap.116 s.41
• Judicature Act Cap.13 s.39
• Civil Procedure Act Cap.71 s.98

Cases cited (1)

• Nkonge Robert v Uganda (Criminal Appeal No. 148 of 2009)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Middle North Tobacco Corporative Union Limited & Another v Ocan & 2 Others (Civil Suit 62 of 2022)

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