THE REPUBIC OF UGANDA 

                 IN THE COURT OF APPEAL OF UGANDA 

                            AT KAMPALA
 
                  CIVIL APPEAL NO. 22 OF 1997
 
CORAM: Hon. Mr. Justice G.M. Okello, JA.  Hon. Lady Justice A.E.Mpagi  Bahigeine,JA.& Hon. Mr. Justice S.G. Engwau, JA.
 
GEORGE V. KATONGOLE:::::::::::::::::::::::::::::::::::: APPELLANT 

                         VERSUS
 MARIAM NABYONGA & 2 OTHERS::::::::::::::::::: RESPONDENTS
 
RULING OF THE COURT: 
 
This appeal arose from the sale of land whereby the appellant claimed that the 1^st Respondent had sold him a piece of land situated at Rubaga Hill in Kampala. The said sale was allegedly concluded and the transfer was effected. 

The vendor, 151 respondent denied the sale when the purchaser, 1 appellant tried to enter 
 the said piece of land. She also denied the execution of the transfer and the matter was taken to the High Court to resist eviction by the appellant. 
During the trial an allegation of fraud was raised by the 1^st respondent that the said signature on the Sale Agreement and the Transfer Deed were not hers and that her Title deed had been stolen from her. 

At the trial, the learned trial Judge directed that the 1^st respondent should write a specimen signature for scrutiny and comparison with the signature on sale agreement which the trial judge relied upon in her judgment.
On appeal this specimen signature, D2 and ten others were missing. Both counsel agreed before us that D2 is very vital to the case. In view of that development, both counsel requested court to allow the 1^st respondent to make a fresh specimen signature to substitute D2 under Rule 29(1) (b) of the rules of this court to enable to scrutinize and compare the signature. In the alternative both Counsel agreed that in the absence of D2, a retrial order be made. 

In our view, we cannot allow the l^st respondent to make a fresh specimen signature to substitute D2 as that would be tantamount to manufacturing evidence. We would, therefore, order a retrial since the vital evidence is missing, and each party to bear costs of this appeal
. 
Dated at Kampala this 20^th day of October, 1998.
G.M OKELLO 
 Justice of Appeal

MPAGI BAHIGEINE
Justice of Appeal

S.G. ENGWAU 
Justice of Appeal