“book of account”, in relation to a financial institution, means any ledger, day-book, cash-book or other book or record of account kept by the financial institution in the ordinary course of its business; “financial document” means any form or document relating to the deposit, payment, transfer or removal of moneys which is received or executed by a financial institution in the ordinary course of its business, and includes any instruction or notification in writing so received or executed by a financial institution in relation to any moneys held by or on account with that financial institution; “financial institution” means— (a) any commercial bank, accepting house, discount house or financial institution registered under the Banking Act [Chapter 24:01]; or (b) any building society registered under the Building Societies Act [Chapter 24:02]; or (c) the Corporation as defined in section 2 of the Agricultural Finance Corporation Act [Chapter 18:02]; or [Paragraph substituted by Act 14/1999] (d) the Reserve Bank of Zimbabwe established by the Reserve Bank of Zimbabwe Act [Chapter 22:10]; or (e) the Post Office Savings Bank; or (f) any foreign financial institution; “foreign financial institution” means any person carrying on in a foreign country the business of a financial institution such as is mentioned in paragraph (a), (b), (c), (d) or (e) of the definition of “financial institution”. 40 Admissibility of financial documents, entries in books of account and copies thereof Subject to this Part, a financial document shall be admissible as prima facie proof of any fact recorded therein if direct oral evidence of that fact would be admissible, and if it is proved that the financial document— (a) was received or executed and kept by the financial institution concerned in the ordinary course of its business; and (b) is in, or comes immediately from, the custody or control of the financial institution concerned. (2) Subject to this Part, an entry in a book of account of a financial institution shall be admissible as prima facie proof of any fact recorded therein if direct oral evidence of that fact would be admissible, and if it is proved that— (a) the entry was made in the ordinary course of business of the financial institution concerned; and (b) the book of account is or has been an ordinary book of account of the financial institution concerned; and (c) the book of account is in, or comes immediately from, the custody or control of the financial institution concerned. (3) Subject to this Part, a copy of a financial document referred to in subsection (1) or of an entry in a bookof account referred to in subsection (2) shall be admissible as prima facie proof of that document or entry if the copy is proved to be a true copy. 41 Proof by affidavit of financial documents entries in books of account and copies thereof (1) For the purpose of showing that a financial document or an entry in a book of account or a copy of such a document or entry is admissible under section thirty-nine, a document which purports to be an affidavit made by a person who— (a) states in it that he is a director, manager or officer of the financial institution concerned; and (b) identifies the financial document, entry or copy thereof, as the case may be; and (c) in relation to— (i) a financial document, states the matters set out in paragraphs (a) and (b) of subsection (1) of section thirty-nine; and (ii) an entry in a book of account, states the matters set out in paragraphs (a), (b) and (c) of subsection (2) of section thirty-nine; and (iii) a copy of a financial document or an entry in a book of account, states the matters set out in subparagraph (i) or (ii), as the case may be, as well as that he has satisfied himself that the copy is a true copy; shall be admissible, subject to subsections (2) and (3), on its production by any p erson as prima facie proof of the facts stated therein. (2) An affidavit referred to in subsection (1) shall not be admissible in any civil proceedings unless— (a) the party intending to produce it has given every other party at least three days’ notice of its intended production; or (b) every other party consents to its production. (3) On the application of a party that has received notice in terms of subsection (2) of the intended pr oduction of a document—