Introduction to Matters Not Requiring Proof: Judicial Notice, Presumptions, and Admissions:

Introduction:

This note will briefly highlight the exceptions to the requirement that facts must be proved by evidence. The exceptions to be highlighted are judicial notice, presumptions, and admissions.

General Rule on Proof:

In a previous note on the burden of proof, it was discussed that facts must be proved to the court. The discussion in that note was the general rule on proof. There are instances where facts may be accepted by the court without the need to prove those facts. These instances are:

1. Judicial notice

2. Presumptions

3. Admissions.

Judicial Notice:

In the case of Otoo & Anor v Dwamena [2018-2019] 1 GLR 23 ,the Supreme Court of Ghana characterised judicial notice as follows:

It is trite learning that the doctrine of judicial notice is one of the exceptions to formal proof of facts before a court or tribunal , which is by adduction of evidence. Judicial notice may be taken only of facts which are notoriously true or are capable of accurate determination by resort to sources whose accuracy cannot reasonably be questioned. Courts frequently take judicial notice of geographic information, scientific data and statutes that are passed by the legislature or under its authority. Where a fact is subject to dispute on reasonable grounds, a court ought not to accede to an invitation to take judicial notice of it. Courts may take Judicial notice of court records, including final judgments, in other cases either by the court itself or other courts. By Section 127 of NRCD 323, final judgments of courts in Ghana are admissible evidence in proceedings.

In the even more recent case of Quaye v. Poku (J4/15/2022) [2024] GHASC 65 (18 December 2024) , the Supreme Court cited with approval the definition of judicial notice by G.D Nokes (4th edition) as follows:

An acceptance by a judicial tribunal of the truth of a fact without proof, on ground that it is within the tribunal’s own knowledge

2. Presumptions:

In Section 18(1) of the Evidence Act, 1975 (NRCD 323) , a presumption is defined as:

An assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action.

An example of a presumption is that an accused person is innocent until presumed guilty. Thus, once it is shown that a person is accused of an offence, that fact leads to the conclusion or assumption that he is innocent until proven guilty.

3. Admissions:

A party may simply admit that a particular fact is true. Upon such admission, there is no need to produce evidence to prove the fact.

Conclusion:

This note merely highlights the matters not requiring proof and their definitions. Subsequent notes will explore these in detail.