Fresh Evidence On Appeal

Bismillah trading Ltd Vs Falcon Estates Ltd (CIVIL APPEAL NO.328 OF 2018) [2019] UGCA 45 (17 April 2019);


Search Summary: 

The applicant company’s suit for cancellation of the respondent’s building plan which sealed off the applicant’s only access to its property was dismissed and it appealed. It applied for leave to adduce additional evidence on appeal asserting that it did possess the documents in issue at the trial of the application that was being appealed.

Headnote and Holding: 

The court considered whether or not to allow the applicant adduce additional evidence. The court held that the additional evidence sought to be adduced had to be credible, new and important matters of evidence that was not, after the exercise of due diligence, within the knowledge or could not be produced by the party seeking to adduce it; related to the issues in the appeal; would influence the result of the appeal but needed not be decisive and; the application to adduce additional evidence had to be brought without undue delay. The court was satisfied that the applicant had discovered credible, new and important evidence which it didn’t have in its possession at trial and was relevant to the issues in the appeal. The court accordingly granted the applicant leave to adduce additional evidence.


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