ABAGA BRIAN ABAGA

18M01ALLB081

LAW 209

EVIDENCE LAW 1

ASSIGNMENT

INSTRUCTOR: COLBERT OJIAMBO

ASSIGNMENT SUBMITTED TO THE DPARTMENT OF LAW AFRICA NAZARENE

Using statutory and case law, discuss in details the principle of Relevancy. (25 Marks). 

The concept of relevance plays a pivotal role in legal fact-finding. Thayer (1898: 266, 530)
articulates its significance in terms of two foundational principles of the law of evidence:
first, without exception, nothing which is not relevant may be received as evidence by the
court and secondly, subject to many exceptions and qualifications, whatever is relevant is
receivable as evidence by the court. 

Thayer claims, and it is now widely accepted, that relevance is a “logical” and not a legal
concept; in section 2.1.3, we will examine this claim and the dissent expressed by Wigmore.
Leaving aside the dissenting view for the moment, we will turn first to consider possible
conceptions of relevance in the conventional sense of logical relevance. 

Section 5 of the Act states that1, ' Subject to the provisions of the Act and any other law, no
evidence shall be given in any suit or proceedings except evidence of the existence or non-
existence of a fact in issue, and any other fact declared by any provision of this Act to be
relevant. The Principe of relevancy requires that a judge is only required to consider evidence
which is relevant to the case he is handling. 

Evidence may be adduced in legal proceedings to prove a fact only if the fact is relevant.
Relevance is a relational concept. No fact is relevant in itself; it is relevant only in relation to
another fact. The term “probable” is often used to describe this relation. We see two instances

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of this in the following well-known definitions. According to Stephen (1886: 2, emphasis
added): 

The word “relevant” means that any two facts to which it is applied are so related to each
other that according to the common course of events one either taken by itself or in
connection with other facts proves or renders probable the past, present, or future existence
or non-existence of the other. 

In this assignment am going to use statutory laws alongside cases regarding

one fact either by itself or in connection with other facts, proves or renders probable the past,
present or future existence or non-existence or a fact in issue. By virtue of s.6, the Evidence
Act, the law is to the effect that facts that can be given as evidence are those which have been
declared by the Act to be relevant.

 The general principle of the Law of Evidence on relevancy and admissibility is that once
evidence is admissible, the method of its procurement does not matter whether stolen.
The manner of getting the evidence is immaterial. Evidence may not be rejected on
the ground that it was illegally obtained. E.g., in a case of murder using a gun if the police
searches and vandalized the house of the accused to get the gun and finally it is recovered, the
accused may not plead right of privacy or other breaches of rights.

Karuma S/o Kanui vs Uganda 1955 Vol. 22 EACA 364

In this case a search was conducted by the police without a search warrant. Evidence was
subsequently obtained illegally. In the process of the search some incriminating evidence
was recovered from the appellant and tendered in evidence. On appeal, the appellant
argued that such evidence should not have been admitted because it was illegally obtained.
On appeal the Privy Council, held that the method of obtaining evidence is irrelevant. That
what is important is that evidence was obtained.

However, this rule does not apply to confessions which must be legally and voluntarily

given. This then begs question of what evidence is admissible and relevant?

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Res gestae is used to connote acts, declarations, and circumstances constituting,

accompanying or explaining a fact or transaction in issue. In law, there is always a

principle fact or fact in issue factum probendum, and what constitutes the res

gestae are those other facts which are in a relationship with the fact in issue. The

general principles of res gestae are incorporated in Sections 5 to 16 of the Evidence

Act. A case to illustrate this is R vs Kurji Vol 7 EACA 58. In this case the accused stabbed
the deceased’s brother

and immediately after he was seen in the go-down of a neighbouring shop standing

over the deceased holding a knife. Court held that, the two circumstances were

so interconnected that the wounding of the deceased’s brother must be regarded

as part of res gestae, at the trial of the accused for the murder of the deceased,

and the evidence of it was admissible

Facts forming part of the same transaction. This is provided in section 6 which says that
Facts which, though not in issue, are so connected with a fact in issue as to form part of the
same transaction are relevant, whether they occurred at the same time and place or at
different times and places.

Facts showing the existence of any state of mind, such as intention, knowledge,

good faith, negligence, rashness, ill will or good will towards any particular

person, or showing the existence of any state of body or bodily feeling, are

relevant, when the existence of any such state of mind or body or bodily feeling is

in issue or relevant.

14. Facts bearing on question of whether act was accidental or intentional:

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When there is a question of whether an act was accidental or intentional, or done

with a particular knowledge or intention, the fact that such act formed part of a

series of similar occurrences, in each of which the person doing the act was

concerned, is relevant.

Existence of course of business, when relevant:

When there is a question whether a particular act was done, the existence of any

course of business, according to which it naturally would have been done, is a

relevant fact.

Cases:

Ramathan Ismael vs. Republic (1972) TLR 36.

The general principles of Relevancy and Admissibility of Evidence:

The general principle of the Law of Evidence on relevancy and admissibility

is that once evidence is admissible, the method of its procurement does not

matter whether stolen. The manner of getting the evidence is immaterial.

Evidence may not be rejected on the ground that it was illegally obtained. E.g., in a

case of murder using a gun if the police searches and vandalized the house of the

accused to get the gun and finally it is recovered, the accused may not plead right

of privacy or other breaches of rights.

See: Karuma S/o Kanui vs Uganda 1955 Vol. 22 EACA 364.

In this case a search was conducted by the police without a search warrant.

Evidence was subsequently obtained illegally. In the process of the search some

incriminating evidence was recovered from the appellant and tendered in

evidence. On appeal, the appellant argued that such evidence should not have

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been admitted because it was illegally obtained. On appeal the Privy Council, held

that the method of obtaining evidence is irrelevant. That what is important is that

evidence was obtained.

This section is to the effect that facts which are the occasion cause or effect

immediately or otherwise of relevant facts, or facts in issue or which constitute

the state of things, under which they happened, or which they afforded an

opportunity for their occurrence, are relevant.

Case: R vs. Clifford Brabi Casta Vol 14 EACA 80. In this case the appellant was

charged with obtaining a bribe. The prosecution adduced evidence to show that

the appellant had engaged in previous acts of bribery. The major issue was

whether or not evidence of previous acts of bribery was relevant. It was held

among others that the evidence of previous acts of bribery was admissible

because it showed the state of things explaining the fact in issue. The case

indicated that previous conspiracy could be considered to establish the

occurrence of things. The acts talked about in section 6, should have proximity in

terms of time. They should happen almost at the same time immediately before or

after.

3. Motive preparation, previous or subsequent conduct as part of res gestae-Sec

All these are dealt with under section 7 of the Evidence Act. Motive is what

influences a person to act in a particular way. It may be fear of the desire

which brings about a particular activity. If you want to establish motive, you may

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look at the mental state usually derived from the circumstance surrounding the

fact in issue e.g. through ones utterances, it may be good depending on the

circumstances, but the means may be and

Makaindi vs R, evidence of previous beating was admitted tending to show motive

for revenge it showed ill-will, it amounted to previous conduct, and it showed

causation of a commission of the offence.

4. Previous conduct: (this is conduct before the fact in issue is committed). It

may as well include motive to commit an offence but it could mean the ways of

bringing a particular fact in issue and may involve preparation of opportunity or

bringing about the acts complains. It includes previous acts to commit the offence

and may include declaration of intent or threats

In Lobo vs R Vol. 10 KLR 5 55 it was held among others that complainants of rape

and the like offences if made at the first reasonable opportunity after the first

reasonable opportunity after the offence had been committed are admissible. This

is because in such a state they are indicative of the complainant’s state of mind

and therefore, the complaint’s conduct and therefore form part of res gestae

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