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Civil procedure – Raising of new matter on appeal – Not permissible
Land law – Sale of government or quasi government pool houses – Eligibility of tenant to purchase house – Whether being a sitting tenant is the only criteria thereof
Land law – Sale of government or quasi government pool houses – Right of government or quasi government body to offer house to another person where sitting tenant is not eligible
Land law – Sale of government or quasi government pool houses – Whether 46 years of being a sitting tenant can earn a party an offer for sale
1. The procedural rules relating to documentary evidence in civil matters are different from those applicable to criminal matters. This is essentially because the standard of proof in criminal matters is proof beyond reasonable doubt while proof in civil matters is on a balance of probabilities. For this reason, the rules relating to documentary evidence in criminal matters require that each document must be specifically identified and produced by the relevant witness during trial before its contents can be publicized and relied upon to support a party’s case.
2. It is trite law that, there is no discovery and inspection of documents and the filing of bundles of documents in criminal matters, unlike the position in civil matters where civil procedure rules provide for parties to have access to all documents in possession of their opponent and raise any objections that they may have to such documents.
3. Discovery of documents enables a party to see all material documents in the possession of his or her opponent and if need be, to take copies of the documents.
4. An objection to a document must be made timely to allow the opposing party to respond and, if possible, to make any relevant application. The objection cannot be validly made after the trial of the matter has closed. In the absence of an objection the Court is not precluded from taking into account documents contained in a bundle.
5. A Certificate of Title is conclusive evidence of ownership of the property to which it relates. It can only be nullified if fraud in acquisition is proved.
6. An allegation of fraud must not only be clearly and distinctly alleged but it must also be clearly and distinctly proved by evidence. The standard of proving an allegation of fraud is higher than the civil law standard of proof.
7. In an action for mesne profits, a landlord may recover the damages which he or she has suffered through being out of possession of the land.