CHAPTER 10:02
EVIDENCE IN CIVIL PROCEEDINGS

 

ARRANGEMENT OF SECTIONS

 

PART I
General

 

   SECTION

 

 

 

   1.   Short title

 

   2.   No person to be excluded from giving evidence, except on valid legal objection

 

   3.   Court to decide on admissibility of evidence

 

   4.   Incompetency from insanity and intoxication

 

   5.   Children who understand the obligation of an oath competent Children to be examined on oath

 

   6.   Form of oath

 

   7.   Competency notwithstanding consanguinity or affinity

 

   8.   No witness compellable to answer questions which spouse might decline

 

   9.   Spouses incompetent after divorce as to matters occurring during the subsistence of the marriage, as to which they would have been incompetent during the marriage

 

   10.   Privilege of professional advisers

 

   11.   Court may find and give judgment on any issue of fact on evidence of single witness

 

   12.   Inadmissibility of irrelevant evidence

 

   13.   Evidence of character, when admissible

 

   14.   Admission of facts or points in issue on the record

 

   15.   Necessity of best evidence of fact to be proved

 

   16.   Proof of appointment to public office

 

   17.   Proof of records and instruments in writing

 

   18.   Examination of witnesses de bene esse

 

   19.   Admissibility of testimony of absent or deceased witness

 

   20.   Hearsay evidence

 

   21.   Witness excused from answering questions the answers to which would expose him to penalties or degrade his character

 

   22.   Witness not excused from answering question because answer would establish civil claim

 

   23.   Privilege on ground of public policy or regard to the public interest

 

   24.   Impeachment and support of witness's credibility

 

   25.   Spouses not compellable to disclose communications between them

 

   26.   Witnesses not compellable to answer certain questions

 

   27.   Parties to a suit not entitled to expenses when giving evidence in their own behalf

 

   28.   When adduced by opposite party expenses receivable

 

   29.   When affirmation may be substituted for oath

 

   30.   When unsworn testimony admissible

 

   31.   Evidence of the genuineness of disputed writings

 

   32.   Certified copies or extracts of documents admissible

 

   33.   Punishment for false certificate

 

   34.   Who empowered to administer oaths

 

 

 

PART II
Bankers' Books

 

   35.   Entries in certain books admissible in certain cases

 

   36.   Examined copies also admissible

 

   37.   Notice that such evidence will be adduced must be given and liberty given to inspect

 

   38.   Party receiving notice may apply to a judge for liberty to inspect

 

   39.   Judge may order that entries and copies shall not be admissible

 

   40.   Bank not compelled to produce any books unless ordered by judge

 

   41.   Part not to apply to proceedings to which bank is a party

 

   42.   Interpretation

 

Proc. 1891,
Proc. 36, 1909,
Cap. 13, 1959,
Proc. 36, 1959,
L.N. 84, 1966,
Act 26, 1977.

An Act declaring in certain respects the law of evidence.

[Date of Commencement: 10th June, 1891]

PART I
General (ss 1-34)

 

1.   Short title

   This Act may be cited as the Evidence in Civil Proceedings Act.

 

2.   No person to be excluded from giving evidence, except on valid legal objection

   From and after the passing of this Act no person shall be excluded from being sworn as a witness or from giving evidence in any court, except in respect of a legal objection to his competency made, and appearing, to such court to be valid.

 

3.   Court to decide on admissibility of evidence

   It shall be competent for the court alone in which any case may be depending to decide upon all questions concerning the competency of any witness or the admissibility of any evidence.

 

4.   Incompetency from insanity and intoxication

   No person appearing, or proved, to be afflicted with idiocy, lunacy or insanity, or labouring under imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall in any case be competent to give evidence while under the influence of any such malady or disability.

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