ARRANGEMENT OF SECTIONS
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
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
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]
General (ss 1-34)
This Act may be cited as the Evidence in Civil Proceedings Act.
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.
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.
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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