Hearsay evidence in Uganda: Understanding its meaning, admissibility and probative value

Abstract

In Uganda legislation requires witnesses to adduce direct evidence in court. However, this may not be possible in all cases and the law provides for circumstances in which hearsay may be admissible. The Evidence Act is the main piece of legislation which governs the issue evidence. In this article, the author relied on 539 cases in which the Ugandan High Court, Court of Appeal and Supreme Court have dealt with hearsay evidence to establish the principles which these courts have developed on this issue. This case law shows, inter alia, that there are three major issues that Ugandan courts are still grappling with when it comes to hearsay evidence: the definition of hearsay; the admissibility of hearsay (exceptions to the hearsay rule) and the probative value of hearsay evidence. The author suggests ways in which courts can handle these issues.