Section 7Part 2 — Procedure in general
Mode of proof of entries in banker's books
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Subject to the Banks and Trust Companies Act (2021 Revision), the Confidential Information Disclosure Act, 2016 [Law 23 of 2016] and to subsection (2), a copy of an entry in a banker's book certified by an officer of such bank in an affidavit made before a Justice of the Peace or by oral testimony to be a true copy is receivable in every court as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.
A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be first proved that the book was, at the time of the making of the entry, one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.
No bank or officer of such bank shall, in any proceedings before any court in which the bank is not a party, be compellable to produce any banker's book the contents of which can be proved under subsection (1), or appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a court made for special cause, and any such order shall be without prejudice to, and compliance therewith shall be subject to the Confidential Information Disclosure Act, 2016 [Law 23 of 2016].
Cross References
- Section of Banks And Trust Companies Act
Banks and Trust Companies Act (2021 Revision)
- Section of Confidential Information Disclosure Act
Confidential Information Disclosure Act, 2016 [Law 23 of 2016]