(a) in any claim for damages where the character or reputation of the party is relevant to any fact in issue or
the amount of damages; or
(b) in the determination of the paternity of a person, where the character or reputation of the father or
mother is relevant to any fact in issue; or
(c) where the credibility of the party as a witness is impugned or put in issue; or
(d) in any case where the award or order is dependent on the good behaviour of any person; or
(e) in any case where it is relevant to show a course of conduct.
34 Evidence of similar facts
No evidence as to facts similar to those in issue shall be admissible in any civil proceedings except where—
(a) the inference sought to be drawn from that evidence is sufficiently cogent to prove the fact in issue and
goes further than showing a general disposition, habit, propensity, tendency or similarity or possession
of a state of mind; and
(b) the evidence is not unfair or oppressive to a party to the proceedings; and
(c) the evidence does not raise collateral issues incapable of ready determination.
35 Proof of public office
(1) A statement by a person that he holds a particular public office shall be admissible in evidence and shall
be prima facie proof that he holds that office.
(2) A signature on a document purporting to be the signature of a person holding public office shall be regarded as a statement for the purposes of subsection (1).
36 Admissions
(1) An admission as to any fact in issue in civil proceedings, made by or on behalf of a party to those proceedings, shall be admissible in evidence as proof of that fact, whether the admission was made orally or in writing or otherwise.
(2) Subject to subsection (3), in determining whether or not any fact in issue in civil proceedings has been
proved, the court shall give such weight to any admission proved to have been made in respect of that fact as the
court considers appropriate, bearing in mind the circumstances and manner in which the admission was made.
(3) It shall not be necessary for any party to civil proceedings to prove any fact admitted on the record of the
proceedings.
(4) It shall not be competent for any party to civil proceedings to disprove any fact admitted by him on the
record of the proceedings:
Provided that this subsection shall not prevent any such admission being withdrawn with leave of the court, in
which event the fact that the admission was made may be proved in evidence and the court may give such weight
to the admission as the court considers appropriate, bearing in mind the circumstances in which it was made and
withdrawn.
37 Evidence admissible by agreement
Any evidence of any nature whatsoever shall be admissible if all the parties to the civil proceedings concerned agree to its admission:
Provided that this section shall not limit the power of the court, whether in terms of this Act or otherwise, to
exclude any evidence.
38 Video and audio tapes and similar material
(1) In this section—
“recording material” means any magnetic tape or wire, disc or similar article or material on or by means of
which sounds or sounds and pictures may be recorded.
(2) Recording material shall be admissible as evidence of the things recorded thereon.
(3) In estimating the weight, if any, to be given to anything recorded on recording material, a court shall have
regard to all the circumstances affecting its accuracy or otherwise and, in particular, to—
(a) whether or not the recording has been or may have been edited or interfered with in any way and, if it
has, whether the editing or interference has materially affected its accuracy or authenticity;
(b) whether or not the recording is original or a copy and, if it is a copy—
(i) the reason why the original recording has not been tendered in evidence; and
(ii) whether or not the copy may safely be relied on;
(c) any independent evidence which may verify the things recorded on the recording material.
PART VIII
BOOKS AND DOCUMENTS OF FINANCIAL INSTITUTIONS
39 Interpretation in Part VIII
In this Part—
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