Said and Others v Ghulum
Said and Others v Ghulum (Civil Appeal No. 21 of 1946) [1947] EACA 8 (1 January 1947)
The Court held that the Indian Evidence Act, having been applied to Kenya, governs all judicial proceedings in courts, including the Kathi's Court, regardless of the religious background of the parties or the nature of the dispute. The Mohammedan rules of evidence, being non-statutory and expressly repealed by section 2(1) of the Act, no longer apply to the reception of evidence in such courts. The Application to Natives of Indian Acts Ordinance (Cap. 4) does not restrict the Evidence Act's application, as the Act pertains to courts and judicial proceedings, not to persons. Consequently, the…
Source excerpt
- Rules Of Evidence
- Competency Of Witnesses
- Inheritance And Succession
- Application Of Statutes
- Mohammedan Law In Civil Proceedings