Escolar Documentos
Profissional Documentos
Cultura Documentos
12
1. The deceased was killed in a collision involving a motor cycle ridden by the 1 st Respondent.
There were no eye-witnesses to the collision. The only other available evidence of the
manner of the accident was a police report which was lodged by the 1 st Respondent after the
collision.
2. The appellants then sought to tender in as evidence the Police Report No 424/84 which gave
a fairly detailed account of the accident without calling the maker which is the 1 st
Respondent. They contended that on the evidence of the sketch plan, the 1 st Respondent was
negligent and relied on the doctrine of res ipsa loquitur to prove their case
3. Respondents counsel informed the court that the 1st Respondent was not available to give
evidence as he was overseas and the made a statement to the effect that he was closing his
case but did not make a submission of no case to answer.
4. The trial judge held that Police Report No 424/84 was inadmissible and thus dismissed the
claim on the ground that there was no evidence to support the allegation of negligence by the
appellants. Appellants appealed.
Issue:
Whether the police report can be accepted as exhibit in the proceeding
without calling the maker.
Notstated
Plaintiff Arguments
Defendant Arguments
Notstated