Evidence Law Flashcards
What is the main source of evidence law in Cameroon?
The main source of evidence law is the Evidence Act.
The Evidence Act was adopted as the Evidence Ordinance N27 of 1943.
When was the Evidence Act enacted into Nigerian and Lagos law?
The Evidence Act was enacted into Nigerian and Lagos law in 1945.
From where does the Nigerian Evidence Act derive its source?
The Nigerian Evidence Act takes its source from that of England.
What does Article 9 of the 1922 mandate agreement state about the Evidence Act in Cameroon?
Article 9 gave the mandated power the right to legislate in the mandated and subsequently trust territory.
What does Article 68 of the 1996 Constitution of Cameroon allow?
Article 68 allows for received laws to be applicable in Cameroon.
What supports the Evidence Act in Cameroon?
The Evidence Act is supported by the Criminal Procedure Code Law N 2005/007 of 27 July 2005.
What does Section 746(k) of the Criminal Procedure Code do?
Section 746 repealed the provision of the provisions of the criminal procedure act chapter 45 of the 1958 laws of the def of nigeria
Can common law be used to admit evidence declared inadmissible by the Evidence Act?
No, common law cannot be used to admit evidence declared inadmissible by the Evidence Act.
What is the definition of evidence according to Phipson?
Evidence is the testimony oral, documentary, or real which may be legally received in court to prove or disprove some facts in dispute.
What is the definition of a fact according to the Evidence Act Section 2(1)?
A fact is defined as anything state of things or connection of things capable of being perceived by the senses or any mental condition of which any person is conscious.
What does Section 2(2) of the Evidence Act define?
Section 2(2) defines proved and disproved.
What is a relevant case for understanding evidence law?
The case of Muhammad Durimiya vs Commissioner of Police 1962 is relevant.
Define Proved
A fact is said to be proved when after considering the matters before it the court either believes it to exist or considers its existence so probable that a prudent man ought in the circumstances of the particular case act upon the supposition that is does exist
Define disproved
A fact is said to be disproved when after considering the matters before it the court either believes it does not exist or considers its inexistence so probable that a prudent man ought in the circumstances of the particular case act upon the supposition that is does not exist
Define fact in issue
A fact in issue includes any fact from which either by itself or in connection with other facts, the existence, non-existence nature or extent of any right liability or disability asserted or denied in any suit or proceeding necessarily follows
