Section 120 Evidence Act 2011

Section 120 Evidence Act 2011

Section 120 Evidence Act 2011 is titled ‘Declaration without oath may be taken‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

(1) The person before whom an affidavit may be taken may take without oath the
declaration or any person who –
(a) affirms that the taking of any oath whatsoever IS, according to his religious belief unlawful; or
(b) by reason of immature age or want of religious belief, ought not, in the opinion of the person taking the declaration to be admitted to make a sworn affidavit.

(2) The person taking the declaration shall record in the attestation the reason of such declaration being taken without oath.


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Section 119 Evidence Act 2011

Section 119 Evidence Act 2011

Section 119 Evidence Act 2011 is titled ‘Jurat‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

(1) Where the deponent is illiterate or blind the affidavit shall state that fact, and shall be accompanied with a jurat.

(2) The jurat shall-
(a) be written without interlineation, alteration or erasure immediately at the foot of the affidavit, and towards the left side of the paper. and shall be signed by the person before whom it is taken:
(b) state the date of the swearing and the place where it is sworn:
(c) state that the affidavit was sworn before the person taking the same; and
(d) where the deponent is illiterate or blind, state such fact and shall state that the affidavit was read over to such illiterate or blind deponent or translated into his own language (in the case of a deponent not having sufficient knowledge of English), and that he appeared to understand it.

(3) Where the deponent makes a mark instead of signing. the jurat shall state that fact, and that the mark was made in the presence a f the person before whom it is taken.

(4) Where two or more persons join in making an affidavit their several names shall be written in the jurat and it shall appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.

(5) If the jurat has been added and signed on an altered affidavit, the person before whom it is taken shall add a new jurat on the affidavit being re-sworn and in the new jurat he shall mention the alteration.


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Section 118 Evidence Act 2011

Section 118 Evidence Act 2011

Section 118 Evidence Act 2011 is titled ‘Provisions as to altered affidavit‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

The person before whom an affidavit is taken shall not allow it. when sworn. to be altered in any manner without being re-sworn; and may refuse to allow an altered affidavit to be resworn and require instead a fresh affidavit.


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Section 117 Evidence Act 2011

Section 117 Evidence Act 2011

Section 117 Evidence Act 2011 is titled ‘Form of affidavits‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

(1) Every affidavit taken in a cause or matter shall-
(a) be headed in the court and in the cause or matter:
(b) state the full name, trade or profession, residence, and nationality of the deponent: and
(c) be in the first person, and divided into convenient paragraphs numbered consecutively.

(2) Any erasure, interlineation or alteration made before the affidavit is sworn, shall be attested by the person before whom it is taken, who shall affix his signature or initial in the margin immediately opposite to the interlineations, alteration or erasure.

(3) Where an affidavit proposed to be sworn is illegible or difficult to read, or is in the judgment of the person before whom it is taken so written as to facilitate fraudulent alteration, he may refuse to swear the deponent, and require the affidavit to be re-written in an unobjectionable manner.

(4) An affidavit when sworn shall be signed by the deponent or if he cannot write or is blind, marked by him personally with his mark in the presence of the person before whom it is taken.


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Section 116 Evidence Act 2011

Section 116 Evidence Act 2011

Section 116 Evidence Act 2011 is titled ‘Conflicting affidavits‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

When there are before a court affidavits that are irreconcilably in con flier on crucial facts, the court shall for the purpose of’ resolving the conflict arising from the affidavit evidence, ask the parties to proffer oral evidence as to such facts. and shall hear any such oral evidence of the deponents of the affidavits and such other witnesses as may he called by the parties.


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Section 115 Evidence Act 2011

Section 115 Evidence Act 2011

Section 115 Evidence Act 2011 is titled ‘Contents of affidavits‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

(1) Every affidavit used in the court shall contain only a statement of facts and circumstances to which the witness deposes. either of his own personal knowledge or from information which he believes to be true.

(2) An affidavit shall not contain extraneous matter. by way of objection, prayer or legal argument or conclusion.

(3) When a person deposes to his belief in any matter of fact, and his belief is derived from
any source other than his own personal knowledge. he shall set forth explicitly the facts and
circumstances forming the ground of his belief.

(4) When such belief is derived from information received from another person, the name of
his informant shall be stated. and reasonable particulars shall be given respecting the informant, and the time, place and circumstance of the information.


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Section 114 Evidence Act 2011

Section 114 Evidence Act 2011

Section 114 Evidence Act 2011 is titled ‘Amendment and re-swearing of affidavit‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

A defective or erroneous affidavit may be amended and re-sworn by leave of the court.
on such terms as to time. costs or otherwise as seem reasonable.


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Section 113 Evidence Act 2011

Section 113 Evidence Act 2011

Section 113 Evidence Act 2011 is titled ‘Affidavit defective in form‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

The court may permit an affidavit to be used, notwithstanding that it is defective in form according to this Act, if the court is satisfied that it has been sworn before a person duly authorised.


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Section 112 Evidence Act 2011

Section 112 Evidence Act 2011

Section 112 Evidence Act 2011 is titled ‘Affidavit not to be sworn before certain persons‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered. or before his legal practitioner, or before a partner or clerk of his legal practitioner.


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Section 111 Evidence Act 2011

Section 111 Evidence Act 2011

Section 111 Evidence Act 2011 is titled ‘Proof of seal and signature‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

The fact that an affidavit purports to have been sworn in the manner prescribed in the preceding sections shall be prima facie evidence of-
(a) the seal or signature, as the case may be, of any such court, judge, magistrate or
other officer or person mentioned in, or appended or subscribed to, any such
affidavit; and
(b) the authority of such court. judge. magistrate or other officer or person to
administer oaths.


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