CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (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 book-of 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 person 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 production of a document— (a) the court may order the financial institution concerned, if it is not a foreign financial institution, to permit the party, on not less than three days’ notice, to inspect and take copies of any financial document or entry in its books of account; (b) where the financial institution concerned is a foreign financial institution, the court may issue a commission in accordance with rules of court for evidence to be taken as to the correctness of any financial document, entry or copy thereof which is sought to be adduced in evidence. — 24 —