CIVIL PROCEDURE ACT 2005 - SECT 70 Informal proof and admissions

CIVIL PROCEDURE ACT 2005 - SECT 70

70 Informal proof and admissions

(cf Act No 52 1970, section 82)

(1) At any stage of the proceedings, the court--

(a) may, by order, dispense with the rules of evidence for proving any matter that is not bona fide in dispute, also with such rules of evidence as may give rise to expense or delay, and

(b) without limiting the generality of paragraph (a), may, by order, dispense with the proof of handwriting, documents, the identity of parties or parcels of land, or of authority, and

(c) may, by order, require any party (not being a person under legal incapacity) to make admissions with respect to any document or to any question of fact, and

(d) in the case of a party's refusal or neglect to make any admission required under paragraph (c), may, unless of the opinion that the refusal or neglect is reasonable, order that the costs of proof occasioned by the refusal or neglect are to be paid by the party.

(2) An admission made under subsection (1) (c)--

(a) is to be for the purpose of the proceedings in which it is made and for no other purpose, and

(b) is to be subject to all just exceptions, and

(c) may, with the leave of the court, be amended or withdrawn.