Evidence Act · 2014 Revised Edition · Chapter XII
175. Evidence formerly admissible
Official textFrom Attorney General's Chambers, unchanged
Any rule of law whereby in civil proceedings —
published works dealing with matters of a public nature
(for example histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them;
public documents (for example public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them;
or
records (for example the records of certain courts, treaties,
Crown grants, pardons and commissions) are admissible as evidence of facts stated in them, shall continue to have effect.
Any rule of law whereby in civil proceedings —
evidence of a person’s reputation is admissible for the purpose of proving his good or bad character; or
evidence or reputation or family tradition is admissible —
for the purpose of proving or disproving pedigree or the existence of a marriage; or
for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing, shall continue to have effect in so far as they authorise the court to treat such evidence as proving or disproving that matter. Where any such rule applies, reputation or family tradition shall be treated for the purposes of this Chapter as a fact and not as a statement or multiplicity of statements about the matter in question.
Evidence 110 CAP.
The words in which a rule of law mentioned in this section is described are intended only to identify the rule and shall not be construed as altering it in any way.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;