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DIRECT EVIDENCE [HABY]

1 Direct evidence is one which establishes the very fact in


issue. Direct evidence is in two different contexts, in the
contexts of s.5 and s.60 Evidence Act

s.5 Evidence may be given of facts in issue and relevant


facts

s.60 Oral evidence must be direct


CIRCUMSTANTIAL EVIDENCE
1 Circumstantial evidence refers to any fact from the existence of
which the judge may infer the existence of a fact in issue

2 i)These facts are not direct to the facts in issue, but it is


evidence of various circumstances which are connected to the
facts in issue
ii)When taken together, they form a chain of circumstances
inviting the court to draw inference or presumption of the
principal fact

3 All circumstantial evidence must be given directly in the context


of s.60 where the witness must testify what he perceives the
evidence

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