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.
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