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EVIDENCE ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Application.

   2.   Interpretation.

   3.   Presumptions.

PART II
RELEVANCY OF FACTS.

   4.   Evidence may be given of facts in issue and relevant facts.

   5.   Relevancy of facts forming part of the same transaction.

   6.   Facts which are the occasion, cause or effect of facts in issue, etc.

   7.   Facts showing motive or preparation; conduct influencing or influenced by a fact in issue or relevant fact.

   8.   Facts necessary to explain or introduce relevant facts.

   9.   Things said or done by conspirator in reference to common design.

   10.   When facts not otherwise relevant become relevant.

   11.   In suits for damages, facts tending to enable the court to determine amount are relevant.

   12.   Facts relevant when right or custom is in question.

   13.   Facts showing existence of state of mind or of body or bodily feeling.

   14.   Facts bearing on question of whether act was accidental or intentional.

   15.   Existence of course of business, when relevant.

Admissions.

   16.   Admission defined.

   17.   Admission by party to proceeding or his or her agent; by party in representative character; by party interested in subject matter.

   18.   Admissions by persons whose position must be proved as against party to suit.

   19.   Admissions by persons expressly referred to by party to suit.

   20.   Proof of admissions against persons making them, and by or on their behalf.

   21.   When oral admissions as to contents of documents are relevant.

   22.   Admissions in civil cases, when relevant.

   23.   Confessions to police officers and power of Minister to make rules.

   24.   When confessions irrelevant.

   25.   Confession made after removal of impression caused by violence, etc.

   26.   Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

   27.   Consideration of proved confession affecting person making it and others jointly under trial for same offence.

   28.   Admissions not conclusive proof, but may estop.

   29.   Information leading to discovery of facts.

Statements by persons who cannot be called as witnesses.

   30.   Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant.

   31.   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.

   32.   Entries in books of account, when relevant.

   33.   Relevancy of entry in public record, made in performance of duty.

   34.   Relevancy of statements in maps, charts and plans.

   35.   Relevancy of statement as to fact of public nature contained in certain Acts or notifications.

   36.   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.

   38.   Previous judgments relevant to bar a second suit or trial.

   39.   Relevancy of certain judgments in probate, etc. jurisdiction.

   40.   Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 39.

   41.   Judgments, etc. other than those mentioned in sections 38 to 40, when relevant.

   42.   Fraud or collusion in obtaining judgment, or incompetency of the court, may be proved.

Opinions of third persons, when relevant.

   43.   Opinions of experts.

   44.   Facts bearing upon opinions of experts.

   45.   Opinion as to handwriting, when relevant.

   46.   Opinion as to existence of right or custom, when relevant.

   47.   Opinion as to usages, tenets, etc., when relevant.

   48.   Opinion on relationship, when relevant.

   49.   Grounds of opinion, when relevant.

Character, when relevant.

   50.   In civil cases, character to prove conduct imputed irrelevant.

   51.   In criminal cases, previous good character relevant.

   52.   Bad character in criminal proceedings only relevant in certain circumstances.

   53.   Incriminating questions.

   54.   Character as affecting damages.

PART III
PROOF.

Facts which need not be proved.

   55.   Facts judicially noticeable need not be proved.

   56.   Facts of which court must take judicial notice.

   57.   Facts admitted need not be proved.

Oral evidence.

   58.   Proof of facts by oral evidence.

   59.   Oral evidence must be direct.

Documentary evidence.

   60.   Proof of contents of documents.

   61.   Primary evidence.

   62.   Secondary evidence.

   63.   Proof of documents by primary evidence.

   64.   Cases in which secondary evidence relating to documents may be given.

   65.   Rules as to notice to produce.

   66.   Proof of signature and handwriting of person alleged to have signed or written document produced.

   67.   Proof of execution of document required by law to be attested.

   68.   Proof where no attesting witness found.

   69.   Admission of execution by party to attested document.

   70.   Proof when attesting witness denies the execution.

   71.   Proof of document not required by law to be attested.

   72.   Comparison of signature, writing or seal with others admitted or proved.

Public documents.

   73.   Public documents.

   74.   Private documents.

   75.   Certified copies of public documents.

   76.   Proof of documents by production of certified copies.

   77.   Proof of other official documents.

Presumptions as to documents.

   78.   Presumption as to genuineness of certified copies.

   79.   Presumption as to document produced as record of evidence.

   80.   Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.

   81.   Presumption as to document admissible in the U.K. or Ireland without proof of seal or signature.

   82.   Presumption as to maps or plans made by authority of Government.

   83.   Presumption as to collections of laws and reports of decisions.

   84.   Presumption as to private document executed outside Uganda.

   85.   Presumption as to powers of attorney.

   86.   Presumption as to certified copies of foreign judicial records.

   87.   Presumption as to books, maps and charts.

   88.   Presumption as to telegraphic messages.

   89.   Presumption as to due execution, etc. of documents not produced.

   90.   Presumption as to documents 30 years old.

Exclusion of oral by documentary evidence.

   91.   Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

   92.   Exclusion of evidence of oral agreement.

   93.   Exclusion of evidence to explain or amend ambiguous document.

   94.   Exclusion of evidence against application of document to existing facts.

   95.   Evidence as to document unmeaning in reference to existing facts.

   96.   Evidence as to application of language which can apply to one only of several persons.

   97.   Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.

   98.   Evidence as to meaning of illegible characters, etc.

   99.   Who may give evidence of agreement varying terms of document.

   100.   Saving of provisions of Succession Act relating to wills.

PART IV
PRODUCTION AND EFFECT OF EVIDENCE.

Burden of proof.

   101.   Burden of proof.

   102.   On whom burden of proof lies.

   103.   Burden of proof as to particular fact.

   104.   Burden of proving fact to be proved to make evidence admissible.

   105.   Burden of proving that case of accused comes within exceptions and fact especially within knowledge.

   106.   Burden of proving, in civil proceedings, fact especially within knowledge.

   107.   Burden of proving death of person known to have been alive within 30 years.

   108.   Burden of proving that person is alive who has not been heard of for seven years.

   109.   Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

   110.   Burden of proof as to ownership.

   111.   Proof of good faith in transactions where one party is in relation of active confidence.

   112.   Birth during marriage conclusive proof of legitimacy.

   113.   Court may presume existence of certain facts.

Estoppel.

   114.   Estoppel.

   115.   Estoppel of tenant and of licensee of person in possession.

   116.   Estoppel of acceptor of bill of exchange, bailee or licensee.

Witnesses.

   117.   Who may testify.

   118.   Dumb witnesses.

   119.   Judge and magistrate.

   120.   Evidence of spouses in criminal proceedings.

   121.   General competency of parties and their husbands and wives in civil proceedings.

   122.   Evidence as to affairs of State.

   123.   Official communications.

   124.   Information as to commission of offences.

   125.   Professional communications.

   126.   Section 125 to apply to interpreters, etc.

   127.   Privilege not waived by volunteering evidence.

   128.   Confidential communications with legal advisers.

   129.   Production of title deeds of witness not a party.

   130.   Production of documents which another person having possession could refuse to produce.

   131.   Witness not excused from answering on ground that answer will incriminate.

   132.   Accomplice.

   133.   Number of witnesses.

Examination of witnesses.

   134.   Order of production and examination of witnesses.

   135.   Judge to decide as to admissibility of evidence.

   136.   Examination-in-chief; cross-examination; reexamination.

   137.   Order of examinations.

   138.   Cross-examination of person called to produce a document.

   139.   Witnesses to character.

   140.   Leading questions.

   141.   When leading questions must not be asked.

   142.   When leading questions may be asked.

   143.   Evidence as to matters in writing.

   144.   Cross-examination as to previous statements in writing.

   145.   Questions lawful in cross-examination.

   146.   When witness to be compelled to answer.

   147.   Court to decide when questions shall be asked and when witness compelled to answer.

   148.   Question not to be asked without reasonable grounds.

   149.   Procedure of court in case of question being asked without reasonable grounds.

   150.   Indecent and scandalous questions.

   151.   Questions intended to insult or annoy.

   152.   Exclusion of evidence to contradict answers to questions testing veracity.

   153.   Question by party to his or her own witness.

   154.   Impeaching credit of witness.

   155.   Evidence tending to corroborate evidence of relevant fact admissible.

   156.   Former statements of witness may be proved to corroborate later testimony as to same fact.

   157.   What matters may be proved in connection with proved statement relevant under section 30 or 31.

   158.   Refreshing memory; when witness may use copy of document to refresh memory.

   159.   Testimony to facts stated in document mentioned in section 158.

   160.   Right of adverse party as to writing used to refresh memory.

   161.   Production and translation of documents.

   162.   Giving as evidence document called for and produced on notice.

   163.   Using as evidence document production of which was refused on notice.

   164.   Judge's power to put questions or order production.

   165.   Power of assessors to put questions.

   166.   No new trial for improper admission or rejection of evidence.

CHAPTER 6
THE EVIDENCE ACT.

Commencement: 1 August, 1909.

   An Act relating to evidence.

PART I
PRELIMINARY.

1.   Application.

   This Act shall apply to all judicial proceedings in or before the Supreme Court, the Court of Appeal, the High Court and all courts established under the Magistrates Courts Act, but not to affidavits presented to any court or officer nor to proceedings before an arbitrator.

2.   Interpretation.

   (1) In this Act, the following words and expressions are used in the following senses, unless a contrary intention appears from the context—

   (a)   "court" includes all judges, magistrates, jurors and assessors and all persons, except arbitrators, legally authorised to take evidence;

   (b)   "document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter;

   (c)   "documentary evidence" means all documents produced for the inspection of the court;

   (d)   "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 observation by the court in its judicial capacity;

   (e)   "fact" means and includes—

      (i)   any thing, state of things, or relation of things, capable of being perceived by the senses; and

      (ii)   any mental condition of which any person is conscious;

   (f)   "fact in issue" means and includes any fact from which, either by itself  or  in  connection  with  other  facts,  the  existence, nonexistence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows;

      Explanation.—Whenever, under the provisions of the law for the time being in force relating to civil procedure, any court records an issue of fact, the fact to be asserted or denied in the answer to that issue is a fact in issue.

   (g)   "monogamous marriage" means a marriage which is by law necessarily monogamous and binding during the lifetime of both parties unless dissolved by a valid judgment of a court;

   (h)   "oral evidence" means all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry.

   (2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

   (3) A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it exists.

   (4) A fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its nonexistence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it does not exist.

   (5) A fact is said not to be proved when it is neither proved nor disproved.

3.   Presumptions.

   (1) Whenever it is provided by this Act that the court may presume a fact, it may either regard that fact as proved, unless it is disproved, or may call for proof of it.

   (2) Whenever it is directed by this Act that the court shall presume a fact, it shall regard that fact as proved, unless it is disproved.

   (3) When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

PART II
RELEVANCY OF FACTS.

4.   Evidence may be given of facts in issue and relevant facts.

   Subject to any other law, evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue, and of such other facts as are hereafter declared to be relevant, and of no others.

5.   Relevancy of facts forming part of the same transaction.

   Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

6.   Facts which are the occasion, cause or effect of facts in issue, etc.

   Facts which are the occasion, the cause or the effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

7.   Facts showing motive or preparation; conduct influencing or influenced by a fact in issue or relevant fact.

   (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 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 relevant, if that conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent to the fact in issue or relevant fact.

Explanation 1.—The word "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2.—When the conduct of any person is relevant, any statement made to him or her or in his or her presence and hearing, which affects that conduct, is relevant.

8.   Facts necessary to explain or introduce relevant facts.

   Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.

9.   Things said or done by conspirator in reference to common design.

   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 persons believed to be so conspiring, as well as for the purpose of proving the existence of the conspiracy and for the purpose of showing that any such person was a party to it.

10.   When facts not otherwise relevant become relevant.

   Facts not otherwise relevant are relevant—

   (a)   if they are inconsistent with any fact in issue or relevant fact;

   (b)   if by themselves or in connection with other facts they make the existence or nonexistence of any fact in issue or relevant fact highly probable or improbable.

11.   In suit for damages, facts tending to enable the court to determine amount are relevant.

   In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.

12.   Facts relevant when right or custom is in question.

   Where the question is as to the existence of any right or custom, the following facts are relevant—

   (a)   any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;

   (b)   particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.

Explanation.—The words "right" and "custom" in this section shall be understood to comprehend all rights and customs recognised by law.

13.   Facts showing existence of state of mind or of body or bodily feeling.

   Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill will or good will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.

Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of that person shall also be a relevant fact.

14.   Facts bearing on question of whether act was accidental or intentional.

   When there is a question of whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

15.   Existence of course of business, when relevant.

   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.

Admissions.

16.   Admission defined.

   An admission is 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 circumstances, hereinafter mentioned.

17.   Admission by party to proceeding or his or her agent; by party in representative character; by party interested in subject matter.

   (1) 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 authorised by him or her to make them, are admissions.

   (2) Statements made by parties to suits, suing or sued in a representative character, are not admissions, unless they were made w

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