EVIDENCE LAW — Admissibility of Evidence — Previous Proceedings — Section 34(1) of the Evidence Act — Statutory Provision Must Be Observed Before Such Evidence Can Be Admitted

Section 34(1) requires that the witness is dead, cannot be found, is incapable of giving evidence, or is kept out of the way by the opposing party before previous testimony can be admitted. These conditions are mandatory. The party seeking to admit such evidence must…