THE INDUSTRIAL COURT OF UGANDA NOT BOUND BY THE RULES OF EVIDENCE IN CIVIL PROCEEDINGS: A CASE REVIEW OF YUSUF BALIRUNO V CEENTRAL BROADCASTING SERVICES (LABOUR DISPUTE REFRENCE NO. 92 OF 2020)
Background As a general rule of evidence, documents must be proved by primary evidence. Primary evidence means the original document itself produced in court. However, Section 64 of the Evidence Act, Cap. 6 l ays out exceptions in which documents may be proved by secondary evidence including; when the original copy is or appears to be in the possession of the person against whom the document is sought to be proved, when the existence, condition, or contents of the original have been proved to be admitted on writing by the person against whom, when the original has been destroyed or lost, or is in the possession or power of any person not legally bound to produce it, when the original is a public document, when the original is of such a nature that it cannot easily be moved, when the original is a document of which a certified copy is permitted by the evidence Act, or by any other law in force in Uganda, to be given in evidence , w hen the originals consist ...