InkElites LMS

SIMILAR FACTS EVIDENCE

LAW OF EVIDENCE | Page 9 of 18
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existence of every fact in issue and of such other facts as declared to be relevant and of no others. Section 12 Evidence Act 2011: Facts bearing on questions whether act was accidental or intentional. The Act provides as follows: When there is a question whether an act was accidental 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 he act was concerned, is relevant. Section 35 Evidence Act 2011: Acts of Possession and Enjoyment of Land. The Act provides as follows: Acts of possession and enjoyment of land may be evidence of ownership or of a right or occupancy not only of the particular piece or quantity of land with reference to which such acts are done, but also of other land so situated or connected with it by locality or similarly that what is true as to the one piece of land is likely to be true of the other piece of land. See the case of Okechukwu and Others v Okafor and Others [1961] All NLR 685. Here the court held that the acts of possession and enjoyment of lands adjoining the disputed one was enough to support their claim of title to that one by virtue of the section Section 36(1) Evidence Act Evidence of Scienter for receiving stolen property The Act provides as follows: Whenever any person is being proceeded against for receiving any property, knowing it to have been stolen or for having in his possession stolen property, for the purpose of proving guilty knowledge, there may be given in evidence at any stage of the proceeding- the fact that other property stolen within the period of 12 months preceding the date of the offence charged was found or had been in his possession: and the fact that within the 5 years preceding the date