s 5 Evidence may be given of facts in issue and relevant facts
5. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section does not enable any person to give evidence of a fact which the person is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Illustrations (a) A is tried for the murder of B by beating B with a club with the intention of causing B’s death. At A’s trial the following facts are in issue: (i) A’s beating B with the club; (ii) A’s causing B’s death by such beating; (iii) A’s intention to cause B’s death. (b) A, a party to a suit, does not comply with a notice given by B, the other party, to produce for B’s inspection a document referred to in A’s pleadings. This section does not enable A to put such document in evidence on A’s behalf in such suit, otherwise than in accordance with the conditions prescribed by the Rules of Court or the Family Justice Rules, as the case may be. [27/2014]