WEEK 15: KINDS OF EVIDENCE ( ORAL EVIDENCE)

Proof of facts by oral evidence:

All facts, except the contents of documents, may be proved by oral evidence.  

Oral evidence must be direct:

Oral evidence must, in all cases whatever be direct, that is to say—  
If it refers to a fact, which could be seen, it must be the evidence of a witness who says he saw it;  
If it refers to a fact, which could be heard, it must be the evidence of a witness who says he heard it;  
If it refers to a fact, which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;  
If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: 
 Provided that the opinions of experts expressed in any treaties commonly offered for sale and the grounds on which such opinions are held, maybe proved by the production of such treaties if the author is dead, or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable:   
Provided further that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection:  
Provided further that, if a witness is dead, or can not be found or has become incapable of giving evidence, or his attendance cannot be procured without an amount of delay or expense which under the circumstances of the case the Court regards as unreasonable, a party shall have the right to produce, “shahada ala al-shahadah” by which a witness can appoint two witnesses to depose on his behalf, except in the case of Hudood. 

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