EVIDENCE LAW — Judicial Notice — Effect of Taking Judicial Notice
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Joseph v. State (2011) NLC-123-48-2010(SC) at pp. 4–5; Paras D–E (P.4) continuing to Para A (P.5):
"Where the court takes judicial Notice of a fact, proof is no longer necessary. This is so because judicial Notice takes the place of proof, but it is not conclusive. A party who wishes to dispute the fact must provide evidence."
Explanation / Scope
This principle establishes that judicial notice takes the place of proof, so proof is no longer necessary, but it is not conclusive. A party wishing to dispute the fact must provide evidence. The principle applies where judicial notice is taken. It ensures that noticed facts are accepted without proof. The principle reflects the effect of judicial notice. It allows parties to challenge noticed facts. The court must apply judicial notice. The principle provides guidance on the effect of judicial notice.