A body of rules and principles that govern how and when evidence is obtained, presented, accepted, and evaluated by a court or adjudicating body.
Keane and Mckeown: the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply.
1. Relevance of evidence.
2. Admissibility of evidence.
3. Exclusionary discretion of judges.
4. Production of evidence by parties.
5. Evaluation of evidence by the court.
Evidence is considered relevant if it has the tendency to prove a matter of fact significant to the case; or prove a fact in issue.
Section 51(1) of the Evidence Act, 1975 (NRCD 323): relevant evidence means "evidence... which makes the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
Evidence is admissible if it is of such nature that it can be admitted by the court.
General Rule:All relevant evidence is admissible and all irrelevant evidence is inadmissible. Section 51(2) and 3 of NRCD 323 .
Judges may exercise discretion to not admit relevant evidence. Per Section 52 of NRCD 323.
The parties to any action have the burden of producing evidence before the court. This is due to the adversarial system that operates in Ghana.
After the production of evidence by the parties, the court evaluates it and is either persuaded or not.
The law of evidence is procedural law, not substantive.
Procedural law: Sets down rules to govern legal procedures.