INSPECTION OF EXHIBITS IN EVIDENCE

• Date: 06 February 2019

"With regard to the second ground of appeal it is again well known that the Law of Evidence allows trial Courts, generally, to substitute the eye for the ear in the reception of evidence when and as the need arises; and by this procedure valuable inferences can be, and are quite often, drawn from inspection and comparison of plans proffered in evidence by, and received from, parties in civil proceedings. On the issue of inspection of objects in evidence Lord Macnaghton many years ago observed: - "The eye no doubt is the best test. Generally, but not always, the comparison is enough" (see Hennessey v. Keating (1908) 42 I.L.T.R. 169 (S.L.). And in another case (action for passing off) the same learned Judge (Lord Macnaghton) observed: - "The Judge looking at the exhibits before him and also paying due attention to the evidence adduced must not surrender his own independent...