34.
35.
36.
37.
38.
Evidence of similar facts.
Proof of public office.
Admissions.
Evidence admissible by agreement.
Video and audio tapes and similar material.
PART VIII
BOOKS AND DOCUMENTS OF FINANCIAL INSTITUTIONS
39.
40.
41.
42.
43.
44.
Interpretation in Part VIII.
Admissibility of financial documents, entries in books of account and copies thereof.
Proof by affidavit of financial documents, entries in books of account and copies thereof.
Financial institutions not compelled to produce books or financial documents.
Part VIII not applicable where financial institution is a party.
Computerized financial documents and entries in books of account.
PART IX
OATHS AND AFFIRMATIONS
45.
46.
47.
Oaths and affirmations.
Unsworn evidence.
Administration of oath, affirmation or admonition.
PART X
GENERAL
48.
49.
50.
51.
52.
53.
54.
55.
56.
Court’s power to exclude certain evidence.
Court’s power to exclude evidence under other laws.
Court may examine evidence to determine admissibility or existence of privilege.
Court not obliged to believe any evidence.
Decision may be based on evidence of single witness.
Power to take evidence on commission not limited by Act.
Evidence admissible under more than one provision of Act.
Interpreters.
Cases not provided for in Act.
AN ACT to amend the law of evidence applicable to civil proceedings; and to provide for matters
connected with or incidental to the foregoing.
[Date of commencement: 23rd October, 1992.]
PART I
P RELIMINARY
1
Short title
This Act may be cited as the Civil Evidence Act [Chapter 8:01].
2 Interpretation
(1) In this Act—
“civil proceedings” means proceedings which are not criminal in nature and which are before the Supreme
Court, the High Court, a magistrates court or any other court to which the strict rules of evidence apply;
“computer” means any device or apparatus, whether commonly called a computer or not, which by electromechanical, mechanical or other means is capable of receiving or absorbing data and instructions supplied to it, of processing the data according to mathematical or logical rules and, in compliance with
such instructions, of storing the data before or after such processing, and of producing information derived from the data as a result of such processing, and includes any printing unit attached to such a device or apparatus;
“court” includes a tribunal;
“document” includes any record of information made in a permanent form;
“give evidence” includes to answer a question and to produce a thing in evidence;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“statement” includes any representation, whether made in words or figures or otherwise.
(2) Any reference in this Act to evidence of a fact or to a record of a fact shall be construed as including evidence or a record, as the case may be, of a transaction or circumstance.