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  • Can authentication be required if a suit is instituted before the promulgation of the evidence Act in 2011. A court held that S.84 (4) of the evidence Act of 2011, will not be applicable to a suit filed in 2015 even when the hearing merely commenced in 2015. He was of the view that the clear implication of s.257 (2) of the Act is that the provisions of Evidence Act 2004 as it relates to the case in question was filed in 2010 and the document in question was made in 2005. He held that S.84 (4) dealing with certificate of authentication does not apply to the computer generated document because the evidence Act was not made to act retrospectively. He cited George vs. FRN .
    He went on to say that the relevant law applicable to cause of action is the law existing when the cause of action arose and that the change of law after the cause of action will not affect the rights and duties that accrue unless the law is made retrospective.
    Does this view of the learned Judge right in view of the opening paragraph of s.84 (4) made it clear that it is only applicable evidence is being called when proceedings is…
    I am of the view that s.84 (4) applies even when a computer generated evidence is sought to be tendered must perforce, comply with the current law at the time when proceedings are being are on going. This in my view accords with the rule that it will be the duty of the parties to amend their pleadings to comply with the new law that was promulgated to replace the old law when the cause of action arose.
    Gentlemen, what are your views on this?

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