LEGAL PRINCIPLE: EVIDENCE LAW – Native Court Records – Sketch Attached to Judgment – Admissibility
PRINCIPLE STATEMENT
What the Native Court did in suit No.81/35 in regard to the sketch it prepared was to illustrate in visual form the terms of the boundary it decided between the parties so that as much as possible there would be no misunderstanding as to the said boundary. A Native Court or Customary Court or an Area Court must be permitted to illustrate such or similar decisions with a sketch where appropriate... It seems to me that an appeal court as well as a trial court called upon to make use of decisions of those courts should allow some latitude in regard to matters of procedure adopted by them in reaching those decisions so long as they are seen to have done substantial justice.
RATIO DECIDENDI (SOURCE)
"What the Native Court did in suit No.81/35 in regard to the sketch it prepared was to illustrate in visual form the terms of the boundary it decided between the parties so that as much as possible there would be no misunderstanding as to the said boundary. A Native Court or Customary Court or an Area Court must be permitted to illustrate such or similar decisions with a sketch where appropriate... It seems to me that an appeal court as well as a trial court called upon to make use of decisions of those courts should allow some latitude in regard to matters of procedure adopted by them in reaching those decisions so long as they are seen to have done substantial justice."
EXPLANATION / SCOPE
Sketches attached to Native Court judgments are admissible as illustrations of boundaries. Native, Customary, and Area Courts must be permitted to illustrate decisions with sketches where appropriate. Appellate and trial courts should allow latitude regarding procedural matters of such courts as long as substantial justice was done. The sketch is part of the judgment and helps identify the land or boundary. Strict procedural rules should not defeat the utility of such sketches. The court may rely on the sketch to understand the decision. The principle recognises the informal nature of customary courts. The sketch must be clear and relevant. The court evaluates the sketch along with other evidence. The objective is to give effect to the decision, not to invalidate it for technical non-compliance.
