Uganda Evidence Act, 1909

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HomeBrud.gifUganda LawBrud.gifUgandaBrud.gifUganda Evidence Act, 1909

PART I—PRELIMINARY

  • Application.
  • Interpretation.
  • Presumptions.

PART II—RELEVANCY OF FACTS

  • Section 4: Evidence may be given of facts in issue and relevant facts.
  • Section 5: Relevancy of facts forming part of the same transaction.
  • Section 6: Facts which are the occasion, cause or effect of facts in issue, etc.
  • Section 7: Facts showing motive or preparation; conduct influencing or influenced by a fact in issue or relevant fact.
  • Section 8: Facts necessary to explain or introduce relevant facts.
  • Section 9: Things said or done by conspirator in reference to common design.
  • When facts not otherwise relevant become relevant.
  • In suits for damages, facts tending to enable the court to determine amount are relevant.
  • Facts relevant when right or custom is in question.
  • Facts showing existence of state of mind or of body or bodily feeling.
  • Facts bearing on question of whether act was accidental or intentional.
  • Existence of course of business, when relevant.
  • Admissions.
  • Admission defined.
  • Admission by party to proceeding or his or her agent; by party in representative character; by party interested in subject matter.
  • Admissions by persons whose position must be proved as against
  • party to suit.
  • Admissions by persons expressly referred to by party to suit.
  • Proof of admissions against persons making them, and by or on their behalf.
  • When oral admissions as to contents of documents are relevant.
  • Admissions in civil cases, when relevant.
  • Section 23: Confessions to police officers and power of Minister to make rules.
  • Section 24: When confessions irrelevant.
  • Section 25: Confession made after removal of impression caused by violence, etc.
  • Section 26: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
  • Section 27: Consideration of proved confession affecting person making it and others jointly under trial for same offence.
  • Admissions not conclusive proof, but may estop.
  • Information leading to discovery of facts.
  • Statements by persons who cannot be called as witnesses.
  • Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant.
  • Relevancy of certain evidence for proving, in subsequent proceeding or later stage of same proceeding, the truth of facts stated in the evidence.
  • Statements made in special circumstances.
  • Entries in books of account, when relevant.
  • Relevancy of entry in public record, made in performance of duty.
  • Relevancy of statements in maps, charts and plans.
  • Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
  • Relevancy of statements as to any law contained in law books.
  • How much of a statement is to be proved.
  • 37. What evidence to be given when statement forms part of a

statement, conversation, document, book or series of letters or papers.

  • Judgments of courts of justice, when relevant.
  • Previous judgments relevant to bar a second suit or trial.
  • Relevancy of certain judgments in probate, etc. jurisdiction.
  • Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 39.
  • Judgments, etc. other than those mentioned in sections 38 to 40, when relevant.
  • Fraud or collusion in obtaining judgment, or incompetency of the court, may be proved.
  • Opinions of third persons, when relevant.
  • Opinions of experts.
  • Facts bearing upon opinions of experts.
  • Opinion as to handwriting, when relevant.
  • Opinion as to existence of right or custom, when relevant.
  • Opinion as to usages, tenets, etc., when relevant.
  • Opinion on relationship, when relevant.
  • Grounds of opinion, when relevant.
  • Character, when relevant.
  • In civil cases, character to prove conduct imputed irrelevant.
  • In criminal cases, previous good character relevant.
  • Bad character in criminal proceedings only relevant in certain circumstances.
  • Incriminating questions.
  • Character as affecting damages.

PART III—PROOF

  • Facts which need not be proved
  • Facts judicially noticeable need not be proved.
  • Facts of which court must take judicial notice.
  • Facts admitted need not be proved.
  • Oral evidence.
  • Proof of facts by oral evidence.
  • Oral evidence must be direct.
  • Documentary evidence.
  • Proof of contents of documents.
  • Primary evidence.
  • Secondary evidence.
  • Proof of documents by primary evidence.
  • Cases in which secondary evidence relating to documents may be given.
  • Rules as to notice to produce.
  • Proof of signature and handwriting of person alleged to have signed or written document produced.
  • Proof of execution of document required by law to be attested.
  • Proof where no attesting witness found.
  • Admission of execution by party to attested document.
  • Proof when attesting witness denies the execution.
  • Proof of document not required by law to be attested.
  • Comparison of signature, writing or seal with others admitted or proved.
  • Public documents.
  • Public documents.
  • Private documents.
  • Certified copies of public documents.
  • Proof of documents by production of certified copies.
  • Proof of other official documents.
  • Presumptions as to documents.
  • Presumption as to genuineness of certified copies.
  • Presumption as to document produced as record of evidence.
  • Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.
  • Presumption as to document admissible in the U.K. or Ireland without proof of seal or signature.
  • Presumption as to maps or plans made by authority of
  • Government.
  • Presumption as to collections of laws and reports of decisions.
  • Presumption as to private document executed outside Uganda.
  • Presumption as to powers of attorney.
  • Presumption as to certified copies of foreign judicial records.
  • Presumption as to books, maps and charts.
  • Presumption as to telegraphic messages.
  • Presumption as to due execution, etc. of documents not produced.
  • Presumption as to documents thirty years old.
  • Exclusion of oral by documentary evidence.
  • Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
  • Exclusion of evidence of oral agreement.
  • Exclusion of evidence to explain or amend ambiguous document.
  • Exclusion of evidence against application of document to existing facts.
  • Evidence as to document unmeaning in reference to existing facts.
  • Evidence as to application of language which can apply to one only of several persons.
  • Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
  • Evidence as to meaning of illegible characters, etc.
  • Who may give evidence of agreement varying terms of document.
  • Saving of provisions of Succession Act relating to wills.
  • PART IV —PRODUCTION AND EFFECT OF EVIDENCE. Burden of proof.
  • Burden of proof.
  • On whom burden of proof lies.
  • Burden of proof as to particular fact.
  • Burden of proving fact to be proved to make evidence admissible.
  • Burden of proving that case of accused comes within exceptions and fact especially within knowledge.
  • Burden of proving, in civil proceedings, fact especially within knowledge.
  • Burden of proving death of person known to have been alive within thirty years.
  • Burden of proving that person is alive who has not been heard of for seven years.
  • Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
  • Burden of proof as to ownership.
  • Proof of good faith in transactions where one party is in relation of active confidence.
  • Birth during marriage conclusive proof of legitimacy.
  • Court may presume existence of certain facts.
  • Estoppel.
  • Estoppel.
  • Estoppel of tenant and of licensee of person in possession.
  • Estoppel of acceptor of bill of exchange, bailee or licensee.
  • Witnesses.
  • Who may testify.
  • Dumb witnesses.
  • Judge and magistrate.
  • Evidence of spouses in criminal proceedings.
  • General competency of parties and their husbands and wives in civil proceedings.
  • Evidence as to affairs of State.
  • Official communications.
  • Information as to commission of offences.
  • Professional communications.
  • Section 125 to apply to interpreters, etc.
  • Privilege not waived by volunteering evidence.
  • Confidential communications with legal advisers.
  • Production of title deeds of witness not a party.
  • Production of documents which another person having possession could refuse to produce.
  • Witness not excused from answering on ground that answer will incriminate.
  • Accomplice.
  • Number of witnesses.
  • Examination of witnesses.
  • Order of production and examination of witnesses.
  • Judge to decide as to admissibility of evidence.
  • Examination-in-chief; cross-examination; reexamination.
  • Order of examinations.
  • Cross-examination of person called to produce a document.
  • Witnesses to character.
  • Leading questions.
  • When leading questions must not be asked.
  • When leading questions may be asked.
  • Evidence as to matters in writing.
  • Cross-examination as to previous statements in writing.
  • Questions lawful in cross-examination.
  • When witness to be compelled to answer.
  • Court to decide when questions shall be asked and when witness compelled to answer.
  • Question not to be asked without reasonable grounds.
  • Procedure of court in case of question being asked without reasonable grounds.
  • Indecent and scandalous questions.
  • Questions intended to insult or annoy.
  • Exclusion of evidence to contradict answers to questions testing veracity.
  • Question by party to his or her own witness.
  • Impeaching credit of witness.
  • Evidence tending to corroborate evidence of relevant fact admissible.
  • Former statements of witness may be proved to corroborate later testimony as to same fact.
  • What matters may be proved in connection with proved statement relevant under section 30 or 31.
  • Refreshing memory; when witness may use copy of document to refresh memory.
  • Testimony to facts stated in document mentioned in section 158.
  • Right of adverse party as to writing used to refresh memory.
  • Production and translation of documents.
  • Giving as evidence document called for and produced on notice.
  • Using as evidence document production of which was refused on notice.
  • Judge’s power to put questions or order production.
  • Power of assessors to put questions.
  • No new trial for improper admission or rejection of evidence.

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