Calling A Witness During Trial

“(1) The Court, on its own motion or at the request of a party, (a) may exclude from the courtroom a witness so that the witness cannot hear or see the testimony of other witnesses; (b) may during a trial take the steps that it considers necessary and proper for preventing communication with or between witnesses who are within the court house or its precincts awaiting examination. (2) Subsection (1) does not authorise the exclusion or sequestration of a party, a lawyer representing a party at the trial, or any other person shown by a party to be essential to the presentation of the case of that party.” Section 78 of Evidence Act, 1975 (Act 323)

“After a witness has been excused from giving further testimony in the action, the witness cannot be recalled without the leave of the Court.” Section 79 of Evidence Act, 1975 (Act 323)

Comment: On a clear reading of the Act, it is evident that where a party wants to change a witness or call another witness in the course of the trial, the party must seek the leave of the court via an Application to do so.

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