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See Also:
- EVIDENCE - ADMISSIBILITY OF EVIDENCE - Appropriate time to object to the admissibility of evidence, effect of failure to do so
"... whether in view of the provision of Section 209(1) of the Evidence Act, the two lower Courts were right to have relied on the testimony of PW3 to convict…
- EVIDENCE - ADMISSIBILITY OF EVIDENCE - What determines the issue of admissibility of evidence
"I think that admissibility should be based on relevance and not proper custody. Once a matter, be it a document or oral evidence is relevant, it is admissible. Proper custody…
- EVIDENCE: Evaluation of Evidence - The Duty of the Trial Court - Whether the Evaluation of Evidence and Ascription of Weight Is the Responsibility of the Trial Court
"...it is settled law that evaluation of evidence and ascription of weight thereto remains the province of the trial Court which heard and observed the demeanor of the witnesses and…
- 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 - Admissibility Of Evidence - What determines the issue of admissibility of evidence
"Again, as was held in Kuruma v. The Queen (1955) A.C. 197, the test to be applied, both in civil and in criminal cases, in considering whether evidence is admissible…