PROCEDURE FOR TENDERING DOCUMENT THROUGH A WITNESS.

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1. Witness is sworn on OATH by the court clerk/registrar.

2. Introductory questions are put to the witness such as;
a. Tell the court your name
b. what is your occupation?
c. where do you live? etc.

3. Witness is asked if he made a written deposition before the court and he affirms. Counsel asks witness if he can recognise it when he sees it? How would he recognise it. Witness answers by his signature. Registrar takes the witness statement on oath and shows to the witness who affirms to making it. Counsel asks what he intends to do with it. Witness answers to adopt it as his evidence in this case. Counsel applies to court and adopts it.

4. Witness is refered to a particular paragraph where he pleaded a particular document. ie “In your paragraph 8 of your witness statement on oath you made mention of a Deed of conveyance as an evidence of purchase between you and the claimant……”

4. Counsel proceeds to ask the following questions
a. Whether the witness can recognise the document if he sees it.
b. How can he identify the document.

 

5. Counsel to seek the leave of court to show the document to the witness for identification; through the Registrar. After identifying, the witness will confirm that he made the statement.

6. Witness to express readiness to tender the document as evidence in the case.

7. The adverse party could object as to admissibility on points of law relying on case laws or Evidence Act.

8. Counsel will seek the leave of court to tender the document in evidence and for the court to mark it as Exhibit.

9. Evidence is admitted and marked as Exhibit.

10. When rejected based on the objection by Counsel on the other side, court will reject the document and it will be marked: ‘’TENDERED AND REJECTED’’

NB/ A WITNESS MUST NOT BE THE MAKER OF A DOCUMENT BEFORE IT CAN BE TENDERED THROUGH HIM e.g. Section 53 Evidence Act: Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of Government, as to matters usually represented or stated in such maps, charts or plans, are themselves admissible.

 

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