Section 106H of Evidence Act CAP 80: Presumption as to electronic signature certificates
A court shall presume, unless the contrary is proved, that the information listed in an electronic signature certificate is correct, except for information, which has not been verified, if the certificate was accepted by the subscriber.
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A court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message...
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(1) Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
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- Section 109 - Proof of particular fact
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- Section 110 - Proof of admissibility
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.
- Section 111 - Burden on accused in certain cases
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- Section 113 - 113. Repealed by Act No. 14 of 1972, Ninth Sch.
113. Repealed by Act No. 14 of 1972, Ninth Sch.
- Section 114 - 114. Repealed by Act No. 14 of 1972, Ninth Sch.
114. Repealed by Act No. 14 of 1972, Ninth Sch.
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- Section 116 - Disproving ownership
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- Section 120 - General estoppel
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- Section 122 - Estoppel of acceptor of a bill of exchange
No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it:
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- Section 123 - Estoppel of a bailee, licensee or agent
No bailee, agent or licensee shall be permitted to deny that the bail or, principal or licensor, by whom any goods were entrusted to any of them respectively, was entitled to those goods at the time...
- Section 124 - Corroboration required in criminal cases
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- Section 125 - Competency generally
(1) All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by...
- Section 126 - Dumb witnesses
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(1) In civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2) In criminal proceedings every person charged with an offence,...
- Section 128 - Compellability of ordinary witnesses
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such...
- Section 129 - Privilege of court
No judge or magistrate shall, except upon the special order of some court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such judge or magistrate,...
- Section 130 - Communications during marriage
(1) No person shall be compelled to disclose any communication made to him or her during marriage, by the other spouse; nor shall a person be permitted to disclose such communication without the...
- Section 131 - Privilege relating to official records
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- Section 132 - Privilege of official communications
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- Section 133 - Privilege relating to information of commission of offences
(1) No judge, magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence, and no revenue officer shall be compelled to say whence he got...
- Section 134 - Privilege of advocates
(1) No advocate shall at any time be permitted unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate,...
- Section 135 - Privilege of interpreters, and advocates’ clerks and servants
The provisions of section 134 of this Act shall apply to interpreters, and the clerks or servants of advocates.
- Section 136 - Waiving of privilege of advocates, etc.
(1) If any party to a suit or proceeding gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 134(1)...
- Section 137 - Communications with an advocate
No one shall be compelled to disclose to the court any confidential communication which has taken place between him and his advocate unless he offers himself as a witness, in which case he may be...
- Section 138 - Title deeds and incriminating documents in hands of third party
No witness who is not a party to the suit shall be compelled to produce his title deeds to any property, or any document in virtue of which he holds any property as pledge or mortgagee, or any...
- Section 139 - Privileged document in possession of another
No one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such other person consents to...
- Section 140 - Bankers’ books
(1) A bank, or officer of a bank, shall not, in any legal proceedings to which the bank is not a party, be compelled to produce any banker’s book the contents of which can be proved under the...
- Section 141 - Accomplices
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No person who is entitled to refuse to produce a document shall be compelled to give oral evidence of its contents.
- Section 143 - Number of witnesses
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- Section 144 - Court to decide as to the admissibility of evidence
(1) When either party proposes to give evidence of any fact, the court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be admissible.
(2) The court...
- Section 145 - Type of examination of witnesses
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination....
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(2) Subject to the following...
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- Section 149 - Meaning of leading question
Any question suggesting the answer which the person putting it wishes or expects to receive, or suggesting a disputed fact as to which the witness is to testify, is a leading question.
- Section 150 - Leading questions in examination-in-chief and re-examination
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(2) The court shall permit...
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When a witness is cross-examined he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—
(a) to test his accuracy, veracity or credibility;
(b) to...