THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA v. THE EAST AFRICAN LAW SOCIETY & ANOTHER

Case Number	APPEAL NO. 1 OF 2013
Summary	During the scheduling conference, the parties agreed, inter alia, that all evidence would be adduced by way of Affidavit. Subsequently, the 1st Respondent sought leave of the Court to produce electronic evidence and on 13th February, 2013, the First Instance Division granted the Applicant / 1st Respondent leave to adduce the additional evidence in the form of documentation and also in electronic format. The Appellant being aggrieved by the Ruling of the First Instance Division granting leave to the First Respondent to adduce additional evidence, appealed.
Respondent	THE EAST AFRICAN LAW SOCIETY & ANOTHER
Complainant	THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA
Date filed
Countries	Uganda
Keyword	Discretion , New Evidence
Treaty Article	Rule 1 , Rule 46 , Rules of Procedure 2013

Verdict	The Applicant, the East African Law Society, shall be granted leave to produce additional evidence in Reference No. 2 of 2012 pending before this Court for determination.
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Date delivered	February 13, 2013
Quorum

Verdict	Where the new evidence is critical to the determination of the case at hand, the Court’s currency should invariably be tendered in substance over form. The so-called new evidence was not all that “new” at all and there is a distinction between new evidence in a trial and evidence adduced to elucidate, expound, or clarify evidence already on the Court’s record. Further, no prejudice would be occasioned to the Appellant from the admission of the new evidence as a reasonable opportunity would be provided for them to respond to and to rebut the new evidence. The trial Judges had acted within their discretion and in accordance with the Law and the established principles and standards governing the exercise of judicial discretion.
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Date delivered	January 16, 2015
Quorum