MENU

Section 34 of Evidence Act CAP 80: Admissibility of evidence given in previous proceedings

    

subsequent judicial proceeding or at a later stage in the same proceeding, for the purpose of proving the facts which it states, in the following circumstances—
(a) where the witness is dead, or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or where his presence cannot be obtained without an amount of delay or expense which in the circumstances of the case the court considers unreasonable, and where, in the case of a subsequent proceeding—
(b) the proceeding is between the same parties or their representatives in interest; and
(c) the adverse party in the first proceeding had the right and opportunity to cross-examine; and
(d) the questions in issue were substantially the same in the first as in the second proceeding.
(2) For the purposes of this section—
(a) the expression “judicial proceeding” shall be deemed to include
any proceeding in which evidence is taken by a person authorized
by law to take that evidence on oath; and
(b) a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused.

« Previous:   Section 33 - Statement by deceased person, etc., when          Next: »   Section 35 - Admissibility of documentary evidence as to facts in issue

Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:

More Sections