Explanatory and Introductory Facts under Section 8 of the Evidence Act of Uganda,
In simple terms, Section 8 allows a court to consider facts that, while not directly proving the
main event, are essential to properly understand it. They make the main facts logical and
believable.
Section 8: Explanatory and Introductory Facts
Section 8 of the Evidence Act, Cap 8, Laws of Uganda (which generally corresponds to
Section 9 of the Indian Evidence Act on which it is based) makes relevant facts that are
necessary to explain or introduce a relevant fact or a fact in issue.
The section allows the admission of facts that:
1. Explain or introduce a fact in issue or a relevant fact.
2. Support or rebut an inference suggested by a fact in issue or a relevant fact.
3. Establish the identity of any person or thing whose identity is relevant.
4. Fix the time or place at which any fact in issue or relevant fact happened.
5. Show the relation of parties by whom any such fact was transacted.
1. Explaining or Introducing Facts
The primary purpose is to provide context. The main event (fact in issue) doesn't happen in a
vacuum; the court needs the background story to make sense of the evidence.
Case: Uganda v Kabandize (1982) HCB 93
o Fact in Issue: The accused murdered the deceased.
o Explanatory Fact Admitted: The accused's conduct of running away immediately after
the stabbing and being arrested while walking around a swamp.
o How it Shows the Fact was Brought About: The court admitted the flight (the
explanatory fact) to introduce the inference of a guilty mind. The flight explained the
motivation for the conduct after the act, linking the act itself to a criminal intent,
thereby explaining how the death was brought about with malice.
2. Establishing Identity
This is one of the most frequent applications of Section 8, making facts relevant that are
necessary to identify a person or thing.
The rules governing the admissibility of Identification Parades and the evidence of a witness who first
identified the suspect at a parade are generally rooted in this principle. The act of pointing out the
suspect at the parade is a relevant fact that establishes the identity of the person (a fact in issue).
Nabulere v Uganda
The ultimate principle derived from Nabulere is:
If the quality of the identification evidence is GOOD (long observation, good light, known
accused), the danger of a mistaken identity is reduced, and a court may safely convict without
corroboration.
If the quality is POOR (fleeting glance, difficult conditions), the danger is great, and the court
must look for strong corroboration from other evidence.
3. Supporting or Rebutting an Inference
This part is used when a fact in issue leads to an assumption, and another fact is needed to
confirm or deny that assumption.
4. Fixing Time, Place, or Relation of Parties
These are facts that complete the narrative and orient the court to the circumstances of the case.
Fixing Place: Evidence establishing that a contract was signed in Kampala is an introductory fact
that fixes the jurisdiction and proper place of the transaction.
Relation of Parties: If a case involves a contract breach, evidence showing that the parties were
close family members might be relevant to explain why the initial agreement was informal and
not formally witnessed, thus explaining the nature of the transaction.
In essence, the facts made relevant by Section 8 are the circumstantial details that provide the
setting and background—they help the court to visualize and interpret the core facts in issue
accurately.
