Zambia
Evidence (Bankers' Books) Act, 1964
Chapter 44
- Commenced on 31 July 1964
- [This is the version of this document at 31 December 1996.]
1. Short title
This Act may be cited as the Evidence (Bankers' Books) Act.2. Interpretation
In this Act, unless the context otherwise requires—"bank" or "banker" means any person carrying on the business of banking in Zambia under the provisions of the Banking and Financial Services Act[Cap. 387]"banker' book" includes ledgers, day books, cash books, account books and all other records used in the ordinary business of the bank, whether such records are in form or in microfilm, magnetic tape or any other form of mechanical or electronic data retrieval mechanism[As amended by Act No. 12 of 1980]"building society" means a building society incorporated in Zambia under the law for the time being in force relating to building societies;"court" means the court, Judge, arbitrator or person or persons before whom a legal proceeding is held or taken;"Judge" means a Judge of the Supreme Court or a Judge of the High Court;"legal proceeding" means any civil or criminal proceeding or inquiry (including an arbitration) in which evidence is or may be given, in Zambia.[As amended by Act No. 12 of 1980]3. Mode of proof of entries in banker's books
Subject to the provisions of this Act, a copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions and accounts therein recorded.4. Proof that book is a banker's book
5. Verification of copy
6. Case in which banker, etc., not compellable to produce book, etc.
A banker or officer of a bank shall not, in any legal proceedings to which the bank is not a party, be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a Judge made for special cause.7. Court may order inspection, etc.
8. Warrant to investigate
9. Costs
History of this document
31 December 1996 this version
Consolidation
31 July 1964
Commenced