Appellate Jurisdiction Act (Cap 9)

11 facts not otherwise relevant are relevant a if

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that any such person was a party to it. 11. Facts not otherwise relevant are relevant - (a) if they are inconsistent with any fact in issue or relevant fact; or (b) if by themselves or in connexion with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. 12. In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant. 13. Where the existence of any right or custom is in question, the following facts are relevant - (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence; or (b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. 14. (1) Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good- Explanatory and introductory facts, etc. Statements and actions referring to common intention. Facts inconsistent with, or affecting probability of, other facts. Facts affecting quantum of damages. Facts affecting existence of right or custom. Facts showing state of mind or feeling.
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Evidence Cap 80 [2009] 13 will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. (2) A fact relevant within the meaning of subsection (1) as showing the existence of a state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. (3) Where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of subsection (1), the previous conviction of such person is also relevant. 15. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. 16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is relevant. Part II - Admissions 17. An admission is a statement, oral or documentary, which suggests any inference as to a fact in issue or relevant fact, and which is made by any of the persons and in the circumstances hereinafter mentioned. 18. (1) Statements made by a party to the proceeding, or by an agent to any such party, whom the court regards in the circumstances of the case as expressly or impliedly authorized by him to make them, are admissions.
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  • Spring '16
  • Law, Legal burden of proof, Evidence law, documentary evidence

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