It is clear, therefore, that the position with regard to taking judicial notice of customary law in
Tanzania and Kenya received direct legislative intervention in line the liberal approach.
What then is the position in Uganda about taking judicial notice of Africa customary law?
The Evidence Act.
The question of judicial notice being taken by courts in Uganda appears at first sight, to be solely
governed by the Uganda Evidence Act Cap 6 of the Laws of Uganda and the case law on the
subject. S.55 of the Evidence Act provides:“55 Facts judicially noticeable need not be proved.
No fact of which the court will take judicial notice need be proved.”
“S.56 gives a long list of matters that may be taken judicial notice of. The section provides:-.
“56 Facts of which court must take judicial notice
(1)
The court shall take judicial notice of the following facts –
(a)
All acts and Ordinances enacted or hereafter to be
enacted, and all Acts of Parliament of the United Kingdom now or
heretofore in force in Uganda;
(b)
All Orders in Council, laws, statutory instruments or
subsidiary legislation now or heretofore in force, or hereafter to be in
force, in any part of Uganda;
(c)
The course of proceeding of Parliament, and of the
councils or other authorities for the purpose of making laws and
regulations established under any law for the time being relating
thereto;
(d)
The accession and the sign manual of the Head of the
Commonwealth;
(e)
The seals of all the courts of Uganda duly established; all
seals of courts of admiralty and maritime jurisdiction and of notaries
public, and all seals which any person is authorized to use by any Act
of Parliament or other written law;
(f)
The accession to office, names, titles, functions and
signatures of the persons filling for the time being any public office in
any part of Uganda, if the fact of their appointment to that office in
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