Section 69 of Evidence Act CAP 80: Notice to produce a document

    

Secondary evidence of the contents of the documents referred to in section 68(1)(a) of this Act shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate, such a notice to produce it as is required by law or such notice as the court considers reasonable in the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases—
(i) when the document to be proved is itself a notice;
(ii) when from the nature of the case, the adverse party must know that he will be required to produce it;
(iii) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
(iv) when the adverse party or his agent has the original in court;
(v) when the adverse party or his agent has admitted the loss of the document;
(vi) when the person in possession of the document is out of reach of, or not subject to, the process of the court;
(vii) in any other case in which the court thinks fit to dispense with the requirement.


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

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