AFFIDAVITS AND STATUTORY DECLARATIONS

An affidavit is a written statement on oath that sets out matters that are within the knowledge and belief of the person making it. A person who swears or depones to an affidavit is referred to as a deponent.

An affidavit is similar in form to a statutory declaration which is also a statement made on oath setting our matters within the deponent’s knowledge and belief. Section 2(k) of theInterpretation Act, Cap. 3 defines a statutory declaration to mean:

“a statutory declaration made under the Statutory Declarations Act”.

The difference between the two documents in Uganda arises from the Statutory Declarations Act Cap. 22 which provides in section 2 that:

“After the commencement of this Act, no affidavit shall be sworn for any purpose,

except—

(a) where it relates to any proceedings, application or other matter commenced in any court or referable to a court; or

(b) where under any written law an affidavit is authorised to be sworn.”

Section 3 of the Act states that:

“(1) In every case to which section 2 does not apply, a person wishing to depone to any fact for any purpose may do so by means of a statutory declaration.

(2) Where any person has sworn to an affidavit for any purpose other than a purpose referred to in section 2, that affidavit shall, nevertheless, be taken for all purposes to be a statutory declaration.”

The distinction that arises from a reading of the two provisions is that affidavits are restricted to court matters while statutory declarations are restricted to other matters not referable to court.

Law Applicable:

Statutory Declarations Act, Cap. 22

Oaths Act, Cap. 19

Commissioners for Oaths (Advocates) Act, Cap. 5

Advocates Professional Conduct Regulations SI 267-2

Order 19 Civil Procedure Rules

Cases:

Nandala v Father Lyding [1963] EA 706

Standard Goods Corporation v Nathu & Company Vol. 17 EACA 99

Phakey v Worldwide Agencies Ltd. Vol. 15 EACA 1 (k)

JL Young Manufacturing Co. Ltd (1900) 2 Ch. 753 per Lord Justice Rigby at p. 755.

Bitaitana & 4 Others v Kananura [1977] HCB 34

Teddy Namazzi v Anne Sibo (1986) HCB 58

Kaigana v Dabo Bourbon (1986) HCB 50

Odongkara v Kamanda (1968) EA 210

Life Insurance Corporation of India v Panesar (1967) EA 615

Massa v Achen (1978) HCB 297

Kabwimekya v Kasigwa (1978) HCB 251