Evidence Act

Section 1 of the Evidence Act provides that the Act shall apply to all judicial proceedings including inter alia all Courts established under the Magistrates Courts Act.

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Ground 3: That the trial Magistrate erred in law and fact when she relied on the uncorroborated evidence of the respondent: Section 1 of the Evidence Act defines Evidence as the means by which any 20 alleged matter of fact the truth of which is submitted to investigatio n is proved or disapproved and includes statements by accused persons, admiss ions, judicial notice and observation by the court in its judicial capacity. The standard of proof in civil matters is weighed on a balance of probabilities as per Hon.

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Section 1 of the Evidence Act stipulates that the Act shall not apply to affidavits presented to any court or officer nor to proceedings before an arbitrator.

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Section 2 of the Evidence Act, Cap 8, (the "Evidence Act") defines evidence as, "denotes, the means by which any alleged matter of fact, 5 the truth of which is submitted to investigation, is proved or disproved and includes statements by accused persons, admissions, judicial notice, presumptions of law, and ocular observations by the court in its judicial capacity." Emphasis mine. 10 Observations extend to tabling, inspection of exhibits, demeanour of witnesses and their posture in responding to que

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Section 2 of the Evidence Act, 5 refers to evidence as including "ocular observation by court in its judicial capacity." There must have been an effect on the credibility of the witness and genuineness of PEX1 that should have attracted an active rather than a passive discernment by court. 10 In Settenda v Mwanini Twemanye Sekibala (Civil Appeal No.

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vs D.R. Nanjappa Gounder & Ors AIR 1978 Madras 285 FB 15 Section 2 of the Evidence Act provides thus ""evidence" denotes the means by which any alleged matter of fact, the truth of which is submitted to investigation, is proved or disproved and includes statements by accused persons, admissions, judicial notice, presumptions of law, and ocular 20 observation by the court in its judicial capacity;"

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Customary tenure is defined under section 1(1) of the Land Act as a system of land regulated by customary rules which are limited in their operation to a particular description or class of persons of which are prescribed. Section 3 and 46 of the Evidence Act Cap 6 stipulates thus:

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And Section 3 of the Evidence Act Cap 6 provides that cour may presume a fact and regard that fact as proved unless it is disproved. agree I have carefully considered to the submissions of both parties.

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And Section 3 of the Evidence Act Cap 6 provides that court may presume a fact and regard that fact as proved unless it is disproved.

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It is the submission of the appellant that such evidence contradicts Section 4 of the Evidence Act which provides that evidence must only be given for relevant facts or facts in issue.

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He referred to Section 5 of the Evidence Act. It provides that;

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290 Furthermore, Section 6 of the Evidence Act provides that,

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5 evidence that there was an existing grudge between the deceased persons and the Appellant, Regarding the conduct of the Appellant, Counsel referred Court to Section 7 of the Evidence Act Cap 6 which stipulates that any fact is relevant which shows motive and conduct in criminal proceedings.

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Section 7 of the Evidence Act provides for the relevance of conduct influencing or influenced by a fact in issue or relevant fact and states as follows: " (1) ………………………………………………………; (2) The conduct of any party, or of any agent to any party, to any suit or 15 proceeding, in reference to that suit or proceeding, or in reference to any fact in issue in the suit or proceeding or relevant to it, and the conduct of any person an offence against whom is the subject of any proceeding, is re

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Section 7 of the Evidence Act provides for facts showing motive or preparation; conduct influencing or influenced by a fact in issue or relevant fact and states as 20 follows: "(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to that suit or proceeding, or in reference to any 25 fact in issue in the suit or proceeding or r

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15 Section 8 of the Evidence Act further provides; Facts necessary to explain or introduce i fact in issue or releztant fact' or which support or rrbut an inference suggested by fact a in issue or relettant fact' or which whose identity is releaant, ot fix the establish the identity of any thiii o, priron relettant fact happened' or which show time and place at *iiri, o,i |o'tln issue or was transacte

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That caution is noted but lam convinced that Mohammed Razi Raza v Commercial Bank of Africa & Anor (supra) which prescribes the 'badges of fraud' test for assessing and deciding an objector application of this nature remains good law in view of Section 8 of the Evidence Act which allows the Court to admit and rely on all relevant evidence of inferences and circumstances in deciding cases before it.

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Furthermore, the said facts are relevant as facts necessary to explain or introduce relevant facts under Section 8 of the Evidence Act. Section 8 420 provides that,

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Section 9 of the Evidence Act provides for the relevance of things said or done by conspirator in reference to common design and states as follows: 20 "Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of those persons in reference to their common intention, after the time when that intention was first entertained by any one of them, is a relevant fact as against each of the 25

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Counsel argued that this showed that the plaintiff had not proved their case or this part of the case to the required standard as required under Section 10 of the Evidence Act, Cap.6, which provides that, "whoever desires any court to give judgment as to any legal right or liability dependant on the existence of any fact which he asserts, must prove that those facts exist." He stated that it was never proved that Amudi Moses participated in the theft but it was assumed because his gun was found abandoned at the plaintiff's premises and there's no

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Section 12 of the Evidence Act provides concerning facts relevant when right or custom is in question that,

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The Appellant backed up that submission with Section 15 of the Evidence Act Cap 6 which provides "When there is a question whether a particular act was done, the existence of any course of business according to which it naturally would have been done is a relevant fact".

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He posed questions as to whether such admissions constitute conclusive proof entitling the opposite party to a 10 judgement on admission under Section 16 of the Evidence Act (read together with Order 8 Rule 6 of the Civil Procedure Rules (CPR), or whether such admissions are mere representations that may lead to estoppels that require further proof under Section 28 o of the Evidence Act. 15 8] He concluded by submitting that the matter has not been litigated and therefore requires definitive interpretation by the Supreme Court.

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Section 16 of the Evidence Act defines an admission 30 as; "a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons and in the

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The foregoing statements of the Applicant is an admission under Section 16 of the Evidence Act CAP 8 which defines an admission to be a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of 20 the persons, and in the circumstances, hereinafter mentioned.

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That further, Section 17 of the Evidence Act provides for circumstances where an admission can be made and includes statements by a party to a proceeding or an agent.

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Section 17 of the Evidence Act, Cap 6 provides that "statements made by a party to the proceeding or by an agent of any such party, whom the Court regards, in the circumstances of the case, as expressly or impliedly authorized by him or her to make them, are admissions.

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702) said " Section 21 of the Evidence Act no doubt lays down the general rule that admissions are relevant and may be proved against the person who makes them but the rule must be taken subject to the special provisions relating to confessions and statements of accused persons enacted in sections 24, 25 and 28 of the Evidence Act and section 164 and 364 of the Code of Criminal Procedure. Were it otherwise confessions which are not recorded in accordance with the requirements of sections 164 and 364 of the Code of Critrrinal Procedure m

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Section 22 of the Evidence Act is to the effect that facts which are admitted need not to be proved.

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Section 22 of the Evidence Act provides; "In civil cases, no admission is relevant if it is made either upon an express condition that evidence of it is not to be given, or in circumstances from which the court can infer that 20 the parties agreed together that evidence of it should not be given."

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The above is beefed up by the Evidence Act Cap 8 under sections 21 which provides that oral or documentary evidence may be given of facts in issue. Section 22 of the Evidence Act goes ahead to state that "admissions of fact are admissible".

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Relying on Sections 23 and 24 of the Evidence Act and the decision in Tuwamoi -v- Uganda (supra), counsel argued that the law requires a court to ascertain whether a confession was made voluntarily before relying on it.

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Section 23 of the Evidence Act provides that;

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Section 23 of the Evidence Act provides that:

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Under Sections 24 , 25 and 30 of the Evidence Act (Cap 6 ) , a confession must be voluntarily made without inducement , threat , or promise to be admissible .

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Section 24 of the Evidence Act, (Cap.6) provides - "A confession made by an accused person is irrelevant if the making of the confession appears to the court, having regard to the state of mind of the accused person and to all the circumstances, to have been caused by any violence, force, threat, inducement or promise

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Section 24 of the Evidence Act does not prohibit the procedure adopted by the Magistrate in recording the extra-judicial statement in this case.

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Under Sections 24 , 25 and 30 of the Evidence Act (Cap 6 ) , a confession must be voluntarily made without inducement , threat , or promise to be admissible .

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Sections 24 and 25 of the Evidence Act, Cap.6 provides that;

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In respect of the circumstances surrounding the making of a confession, Sections 24 and 25 of the Evidence Act provide as follows respectively;

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The mere promise to help would fall under Section 26 of the Evidence Act which stipulates that such a confession statement does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of

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He referred this Court to 10 section 27 of the Evidence Act which provides that court takes into account a confession by accused person against a co-accused as well as the person who makes the statement.

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Section 27 of the Evidence Act provides that the Court may take the confessions into consideration against the makers and other accused persons.

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20 Section 27 of the Evidence Act provides for the consideration of a proved confession affecting a person making it and others jointly under trial for the same offence and states as follows: "When more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself or herself and some other of those persons 25 is proved, the court may take into consideration such confession as

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We also find that the learned trial judge could have convicted the 1st appellant on the strength of both confessions of the 2nd and 3rd appellants alone or any one of them. Section 28 of the Evidence Act provides:-'Where more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration such confession as against such other persons as well as the person who makes such a confession'.

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Section 28 of the Evidence Act provides: rWhere more persons than

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Section 28 of the Evidence Act Cap 6 provides that "Admissions ore not conclusive proof of matters odmitted, but they moy operote os estoppels under the provisions hereofier contained."fhe defendant having admitted that they were advised to recognise the Plaintiff's interest on the suit land as a bona fide occupant thereon, are estopped from challenging that fact in this suit.

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Section 29 of the Evidence Act provides:- 20 "29.

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Furthermore, Section 29 of the Evidence Act provides that,

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Section 29 of the Evidence Act provides that,

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Under Sections 24 , 25 and 30 of the Evidence Act (Cap 6 ) , a confession must be voluntarily made without inducement , threat , or promise to be admissible .

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Section 30 of the Evidence Act Cap 6, provides for situations in which statements by a person

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Admissibility of dying declarations is provided for under Section 30 of the Evidence Act. It provides that;

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Section 33 of the Evidence Act Cap 6 provides as follows; "Subject to the provisions of ang other law in force, no particular number of witnesses shall in ang case be required for the proof oJ ang Jact.,, In Abdalla Nabulere Vs.

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Section 33 of the Evidence Act Cap 6 provides as follows; "Subject to the prouisions of ang other laut in force, no particular number of witnesses shall in ang case be required for the proof of ang fact.r, In Abdalla Nabulere Vs.

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Section 58 Evidence Act and Section 33 of the Evidence Act. A fact under evidence Act means and includes: - (i) Anything, state of thing, or relation of thing capable of being perceived by senses as per Section 2 1(ef (ff Evldence Act. On the duty of the first appellant court, it is mandated to subject the proceedings and Judgment of the lower Court to fresh scrutiny and if necessary make its own findings.

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Section 42(1) provides: "The provisions of Section 41 shall not apply where a termination of employment brings to an end a probationary contract." Section 36 of the Evidence Act provides: "When the court has to form an opinion as to a law of any country, any statement of that law contained in a book purporting to be printed or published under the authodty of the Government of that country and to contain a.Ily such law, and arty report of the ruling of the courts of that country contained in a book purporting to be a report of such rulings, are relevant." Under the Evidence Act, such foreign law is relevant only if properly placed before the Court, typ

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This was certainly neither helpful to court nor the Petitioners'case in the context of this petition. 180I Section 36 of the Evidence Act requires a party who seeks to rely on the law of another country to provide the text of that law.

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I have also taken cognisance of Section 41 of the Evidence Act which provides thereof that judgments,

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Section 43 of the Evidence Act provides that;

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Section 43 of the Evidence Act provides for expert evidence.

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To buttress his case Counsel relied on Provision of Section 43 and 45 of the Evidence Act that evidence of verifying signatures of an individual must be given through comparisons of handwriting, handwriting experts and or the author or person well acquainted with the owner of the signature that is being contested.

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Section 45 of the Evidence Act Cap 6 provides that when the court has to form an opinion as to the person by who m any document was written or signed, the opinion of any person acquain ted with the handwriting of the person by whom it is supposed to be written or sign ed by that person is a relevant fact.

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Section 45 of the Evidence Act provides that the opinion of experts is relevant in establishing the existence of a custom or customary law.

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Section 45 of the Evidence Act provides that the opinion of experts is relevant in establishing the existence of a custom or customary law.

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It is trite law that 20 where a party wishes to prove a right under custom before a court of law, he or she is under an obligation to adduce evidence to prove such custom. Section 46 of the Evidence Act thus provides for it in the following terms:

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in Section 46 of the Evidence Act which provides that;

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This is in line with Section 46 of the Evidence Act which stipulates that when the

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I must add with emphasis of Section 49 of the Evidence Act which requires that when such opinion is given, the grounds upon which it is based become relevant.

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Sections 55 and 56 of the Evidence Act deal with the doctrine of Judicial Notice in Uganda. Section 55 provides that: "Facts judicially noticeable need not be proved." Section 56 (1) provides a list of "Facts of which court must take judicial notice".

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Section 55 of the Evidence Act provides that facts that are judicially noticeable need not be proved.

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I agree that custom must be proved where it is not judicially noticed in accordance with Section 55 of the Evidence Act referred to by Mr.

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Sections 55 and 56 of the Evidence Act deal with the doctrine of Judicial Notice in Uganda. Section 55 provides that: "Facts judicially noticeable need not be proved." Section 56 (1) provides a list of "Facts of which court must take judicial notice".

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I am also alive to provisions of Section 56 of the Evidence Act Cap 8 which requires all contents of a document to only be proved by the document itself 5 not orally.

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Section 56 of the Evidence Act, provides for facts of which courts must take judicial notice of which inter alia include Acts and ordinances, seals of all courts of Uganda etc.

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Section 57 of the Evidence Act provides - "57.

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Section 57 of the Evidence Act (Cap 6) provides that facts which are admitted need 1,25 not be proved.

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5 The above provision restates the rule of evidence found in Section 57 of the Evidence Act, CAP 8, revised Edition 2023 which provides that: - No fact need be proved in any proceeding which the parties to the proceeding or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time 10 they are deemed to have admitted by their pleadings; except that the court may, in its discretion, require the facts admitted to be proved otherwise than by

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by the lower courts since Sections 58 and 59 of the Evidence Act provide that

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Section 58 of the Evidence Act, Cap 6, provides that oral evidence shall be direct.

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On issues 3, 4 and 6, counsel referred Court to Section 58 of the Evidence Act which provides that evidence may be proved orally.

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Regarding hearsay evidence, learned Counsel for the Appellant submitted that the learned trial judge relied on the hcarsay evidence of PW2, PW3 & PW4 before convicting and sentencing the Appellant, which contravenes Section 59 of the Evidence Act which requires all oral evidence to be direct.

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by the lower courts since Sections 58 and 59 of the Evidence Act provide that

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Counsel referred court to Section 59 of the Evidence Act, Cap 5 6, for the proposition that oral evidence must in all cases be direct.

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Counsel relied on Section 60 of the Evidence Act, which requires that a document required by law to be attested, such as a will, must be proved by calling at least one attesting witness, provided such witness is alive and capable of giving evidence.

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through the physical production of the document, as guided by Section 60 of the Evidence Act, which stipulates that documents may be proved by either

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Similarly, Section 60 of the Evidence Act, provides that the contents of documents may be proved either by primary or by secondary evidence and secondary evidence including certified copies.

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He averred that the documents must be proved by primary evidence according to Section 61 and 63 of the Evidence Act. Secondary evidence can only be used, where the document itself cannot be produced for the inspection of court.

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Counsel argued that, the document was wrongly admitted in evidence and should never.have been relied upon by the trial Judge because it offended the provisions of Section 61 and 63 of the Evidence Act. 20 He submitted further that under the said sections of the Evidence Act only original documents must be presented in Court with exceptions that do not apply in this particular case. The exceptions, Counsel1 pointed out are set out in Section 62 of the Evidence Act and none of them applies here. I 25 Counsel asked Court to find that the said document, a photocopy of results declaration form from Wekele polling station had been wrongly admitted in evidence;

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Section 60 of the Evidence Act provides: "The contents of a document may be proved by either primary or secondary evidence." 20 Section 61 of the Evidence Act provides as follows: "Primary evidence means the document itself produced for the inspection of court." I have perused the resolution of the criminal proceedings, admitted and marked as DEX2 in the court of proceedings in the 25 lower court.

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according to Section 62 of the Evidence Act means and

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according to Section 62 of the Evidence Act means and

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upon by the trial Judge because it offended the provisions of Section 61 and 63 of the Evidence Act. 20 He submitted further that under the said sections of the Evidence Act only original documents must be presented in Court with exceptions that do not apply in this particular case. The exceptions, Counsel1 pointed out are set out in Section 62 of the Evidence Act and none of them applies here. I 25 Counsel asked Court to find that the said document, a photocopy of results declaration form from Wekele polling station had been wrongly admitted in evidence; and the same be expunged.

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The law relating to proof of existence of facts by documentary 25 evidence is to the effect that it should be proved by primary evidence. See Section 63 of the Evidence Act (Supra)

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He averred that the documents must be proved by primary evidence according to Section 61 and 63 of the Evidence Act. Secondary evidence can only be used, where the document itself cannot be produced for the inspection of court.

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Counsel argued that, the document was wrongly admitted in evidence and should never.have been relied upon by the trial Judge because it offended the provisions of Section 61 and 63 of the Evidence Act. 20 He submitted further that under the said sections of the Evidence Act only original documents must be presented in Court with exceptions that do not apply in this particular case. The exceptions, Counsel1 pointed out are set out in Section 62 of the Evidence Act and none of them applies here. I 25 Counsel asked Court to find that the said document, a photocopy of results declaration form from Wekele polling station had been wrongly admitted in evidence;

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Counsel thcrelbrc rnaintaincd that the Judge properly applied Section 64 of the Evidence Act and that ground 2 must fail.

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He stated the law that' documents must be proved by primary e ce except as provided in Section 64 of the Evidence Act, Cap 6 of t® aws of

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A party seeking to rely on secondary evidence in the place of primary evidence of a document must place before court facts that will sway the court from the original and legally acceptable practice of admission of primary evidence to secondary evidence. Seven such instances or required facts are laid down within Section 64 of the Evidence Act as (1) where the original is shown or appears to be in possession or power of a person against whom the document is sought to be proved, any person out of reach, not subject to the process of court so as to be legally bound to produce it or that person does not produce it when required to do so.

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Notice to produce is provided for under section 65 of the Evidence Act. In a nutshell, the section in effect provides that a party proposing to give secondary evidence of a document may only do so if previously the party gave to the party in possession of the original, notice to produce the original.

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Notice 1o produce is provided fbr undcr section 65 of the Evidence Act. In a nutshell, the scction in eflect provides that a party proposing to give secondary evidence of a document may only do so if previously the party gave to the party in possession of the original, notice to produce the original. 'l'hc section then lists circumstances in which the notice to produce may be

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provision was misinterpreted in the sense that even the Defendant is broadly admitting its ignorance of the whereabouts of the said original copy, it is not sure whether the original emanates from the Plaintiff which is not true or Hotel Africana Ltd which is not a party to the suit, moreover, the provision requires issuance of notice as provided for under Section 65 of the Evidence Act, Cap.

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Section 66 of the Evidence Act provides thus;

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Counsel cited Section 66 of the Evidence Act 20 which provides that; "If a document is alleged fo be sjgned or have been written wholly or in part by any person, the sjgnature or the handwrifing of so much of the document as is alleged fo be in thatperson's handwriting must be proved fo be in his or her handwriting." 25 And, Section 72 of the same Act which provides that; "In order fo ascerfain whether a sjgnature, writing or seal is that of the person by whom if purports to have been wriffen or made, any sjgnat

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Section 66 of the Evidence Act Cap.6 requires that where a document is alleged to be signed (or to have been written) by any person, the signature (or handwriting) must be proved to be in his or her handwriting.

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Annexure A is documentary evidence., Section 67 of the Evidence Act Cap 6 provides that such document which is by law required to be attested must not be used as evidence until on attesting witness at least has been called to prove its execution.

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Counsel referred Court to; M B Ramesh D BYLRS versus K M Varuge URS (D) & Ors; Civil Appeal No.1071 of 2006 which holds that; "A will has to be proved like any other document except that the evidence should additional satisfy the requirements of Section 63 of the Succession Act; (equivalent to Section 67 of the Evidence Act ). Section 50 the Evidence Act provides for what amounts to a valid Will. Section 67 of the Evidence Act provides that if a document is required by law to be attested, it shall not be used as evidence until the attesting witnesses(s), at least has been called for the purpose of proving its execution.

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5 comply with Section 68 of the Evidence Act, which provides for an alternative mode of proof where attesting witnesses cannot be found.

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that person write, or when he or she has received documents purporting to be written by that person in answer to documents written by himself or herself or under his or her authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him or her. [29] Section 72 of the Evidence Act provides for comparison of signatures, writings or seals with others admitted or proved.

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Section 73 of the Evidence Act provides that "the following documents are public documents - (a) documents forming the acts or records of the acts-(i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive, whether of Uganda, of any other part of the Commonwealth, of the Republic of Ireland or of a foreign country; (b) public records kept in Uganda of private documents.

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The Respondent No.2 being a private limited liability company made its documents private documents in accordance with Section 73 of the Evidence Act. Secondly he submitted that this application is brought under Article 41 of the Constitution which provides access to information in state hands or in the hands of organs of state.

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Section 75 of the Evidence Act mandates every public officer having the custody ofa public document, to furnish a certified copy of such public document to a person in demand of the same, in so long as the requisite fees have been paid.

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He argued the record forming part of the appeal therefore was fatally defective. Counsel relied on Section 75 of the Evidence Act, Cap 6, and emphasized that public documents must be duly certified to be admissible.

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He cited Section 75 of the Evidence Act and argued that the import of the provisions of this Act is that it is only the officer who is empowered under the law to have custody of the public document who can provide a certified copy of it.

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" [44] In order to prove public documents, Section 76 of the Evidence Act Cap 6 provides that: "such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies." To support the argument that the applicants' did not properly commission their affidavits, the respondents attached two copies of uncertified public documents as described in paragraphs 36 and 37 above.

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Section 75 and 76 of the Evidence Act provide as follows _ /f Piee

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Section 76 of the Evidence Act provides for proof of public documents by production of the original or certified copies.

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Sections 77 and 80 of the Evidence Act, to me, are pertinent; they distinguish the Gazette, amongst others, from the other public documents; and also the manner of their proof. Section 77 provides as follows: -

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During cross examination, PW3 testified that the vendor asked him to draft the said letter which he did and the vendor who knew how to read, write and speak English signed the said letter in his presence. The Plaintiff cited Section 78 of the Evidence Act which provides for court's presumption of genuineness of certified copies and submitted that a certified copy of the said letter duly certified was adduced in court and should be presumed to be a genuine document. The Plaintiff also cited Section 90 of the Evidence Act which provides for courts presumption of genuineness of documents produced in court that are 30 years old.

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Section 78 of the Evidence Act provides for Presumption as to genuineness of certified copies and states that;

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The court shall under Section 80 of the Evidence Act presume the genuineness of every document purporting to be a Gazette if the document is kept substantially in the form required by law and is produced from proper custody.

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Sections 77 and 80 of the Evidence Act, to me, are pertinent; they distinguish the Gazette, amongst others, from the other public documents; and also the manner of their proof. Section 77 provides as follows: -

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

I am of the considered view that the affidavit exhibit P1 should not have been admitted in evidence. Section 84 of the Evidence Act provides- 15 "84.

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Section 84 of the Evidence Act is to the effect that private documents purporting to be executed out of Uganda must be notarized.

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.