[2009]
Evidence
47
Cap 80
right to such possession at the time when the license was given.
122. No acceptor of a bill of exchange shall be permitted to deny Estoppel of acceptor
of a bill of exchange.
that the drawer had authority to draw such bill or to endorse it:
Provided that the acceptor of a bill of exchange may deny that the
bill was in fact drawn or endorsed by the person by whom it purports
to have been drawn or endorsed.
123. No bailee, agent or licensee shall be permitted to deny that Estoppel of a bailee,
the bailor, principal or licensor, by whom any goods were entrusted to licensee or agent.
any of them respectively, was entitled to those goods at the time when
they were so entrusted:
Provided that any such bailee, agent or licensee may show that
he was compelled to deliver up any such goods to some person, who
had a right to them as against his bailor, principal or licensor, or that
his bailor, principal or licensor, wrongfully, and without notice to the
bailee, agent or licensee, obtained the goods from a third person who
has claimed them from such bailee, agent or licensee.
Part III - Evidence of Children
124. Notwithstanding the provisions of section 19 of the Oaths
and Statutory Declarations Act, where the evidence of alleged victim
admitted in accordance with that section on behalf of the prosecution
in proceedings against any person for an offence, the accused shall not
be liable to be convicted on such evidence unless it is corroborated by
other material evidence in support thereof implicating him.
Corroboration
required in criminal
cases.
Cap. 15. 5 of 2003,
3 of 2006.
Provided that where in a criminal case involving a sexual offence
the only evidence is that of the alleged victim of the offence, the court
shall receive the evidence of the alleged victim and proceed to convict
the accused person if, for reasons to be recorded in the proceedings, the
court is satisfied that the alleged victim is telling the truth.
CHAPTER V - Witnesses
Part 1 - Competency of Witnesses
125. (1) All persons shall be competent to testify unless the court Competency
considers that they are prevented from understanding the questions generally.
put to them, or from giving rational answers to those questions, by
tender years, extreme old age, disease (whether of body or mind) or
any similar cause.
(2) A mentally disordered person or a lunatic is not incompetent
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