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See Also:
- EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge
“This reluctance is principally grounded on the recognition that the learned trial Judge, who had the undoubted advantage of seeing and hearing the evidence presented by the parties, at first-hand,…
- EVIDENCE – Address of counsel – Whether Address of counsel can take the place of evidence:
“I agree with the submission of learned counsel for the respondent that the learned counsel for the appellant had set out a brilliant presentation and in so doing brought in…
- EVIDENCE - AFFIDAVIT EVIDENCE - Effect of paragraph of affidavit which offends the provisions of the Evidence Act
"Now Section 115 (2) of the Evidence Act 2011 provides that:- "An affidavit shall not contain extraneous matter, by way of objection, prayer or legal arguments or conclusions." Where such…