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respondent who has not furnished as address for service, then as
required by rule 78 of these Rules, his or her last known address and
proof of service on him or her of the notice of appeal;
(c) The pleadings;
(d) the trial judge’s notes of the hearing;
(e) the transcript of any shorthand notes taken or any other notes
howsoever recorded at the trial;
(f) the affidavits read and all documents put in evidence at the hearing, or
if those documents are not in English language, certified translations
of them;
(g) the judgment or reasoned order;
(h) the order, if any, giving leave to appeal,
(i) the notice of appeal; and
(j) any other documents necessary for the proper determination of the
appeal, including any interlocutory proceedings which may be directly
relevant.”
The provisions of this rule give guide lines of what ought to be included in a
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record of appeal. The record is not supposed to include each and everything.
What is important is for the record of appeal to contain sufficient material to
enable the appellate court to determine the appeal. The record of appeal before
us, I think contains material witness evidence and documents to enable this
court to determine the appeal.
Moreover the record has a certificate of correctness by the Registrar. Iam
unable to find that the appellant suffered any injustice. This issue ought to fail.
On evaluation of evidence, I think there is some merit in this issue. The trial
judge adopted an omnibus evaluation of all the evidence especially allegations
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of bribery thus coming to the wrong conclusion that the allegations were not
proved. She relied on two decisions –Dr Kiiza Besigye v Museveni Yoweri
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