RULING
1. The witness on the dock is testifying on behalf of the 2nd - 4th Defendants.
2. The testimony is supported by the list of documents dated 21.01.2011.
3. It is clear that the Plaintiff have closed their case and therefore have no capacity to call for any more evidence in this proceeding.
4. By as it may, the witness herein is a government officer whose attendance and production of public documents is governed by Section 79(a) and (b) of the Evidence Act.
5. Section 80(1) goes further to allow the certification of public documents by the custodian of these document.
6. Section 81 further gives the probative value of the certified documents by public officer.
7. Consequently, it is not mandatory for a public officer to carry the original file in production of evidence.
8. Section 79, 80, and 81 allow the production of certified copies by public servants in Court.
9. In essence , the objection is dismissed and documents produced are admitted as the 2nd, 3rd and 4th Defendant document.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Odwa for the Plaintiffs
Defendant: Ms. Kopere for the 1st Defendant
Mr. Kwame for the 2nd, 3rd and 4th Defendant
| ELC.262 A of 2012 RULING1 |