First Schedule, The Commercial and Admiralty Court Rules, 2020

Rules 8 (3) CLAIM NO----- ............................................................................................PLAINTIFF(S) ...................................................................................................................... .........................................................................................DEFENDANT(S) WITNESS STATEMENT 22 23 Judgments and orders. Duration of cases. Adjournment. Subpoena. Fees. Revocation. For Mr/Mrs/Ms(insert the name of the party for whom the statement is given) By Mr/Mrs/Ms (insert the name of the witness) 1st/2nd /3rd/4th /5th/6th /7th ..........................................................-witness statement Exhibits referred to.............................................................................................................. Date ..................................................................................................... 1. Body of witness statement 1.1 The witness statement must, if practicable, be in the intended witness' own words, the statement should be expressed in the first person and should also state (a) the full name of the witness; (b) his place of residence or if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer; (c) his occupation or if he has none his description ; and (d) the fact that he is a party to the proceedings or is the employee of such a party if it be the case 2 A witness statement must indicate (a) which of the statements in it are made from the witness' own knowledge and which are matters of information or belief; and (b) the source of any matters of information or belief in the relevant paragraphs. 3.Reference to exhibit 3.1 An exhibit used in conjunction with a witness statement should be verified and identified by the witness and remain separate from the witness statement. 3.2 Where a witness refers to an exhibit(s)he should state "I refer to the (description of exhibit) marked "--------------------" 3.3 At the top right end corner of the first page (and on the back sheet) of each exhibit there should be clearly written (a) the party on whose behalf it is tendered; (b) the initials and surname of the witness; (c) the number of the witness statement in relation to that witness (d) the identifying initials and number of each exhibit referred to . 3.4 Where a witness makes more than one witness statement to which there are exhibits in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each witness statement. 4. Format of witness statement 4.1 A witness statement should - (1) be produced on durable quality A4 paper with a 3.5 cm margin; (2) be fully legible and should normally be typed on one side of the paper only; (3) Where possible, be bound securely in a manner which would not hamper filing or otherwise each page should be endorsed with the case number and should bear the initials of the witness; (4) Have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file) 24 25 (5) be divided into numbered paragraphs; (6) have all numbers including data expressed in figures; and (7) give the reference to any document(s)mentioned either in the margin or in bold text in the body of the statement . 4.2 It is usually for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject. 5. Statment of truth 5.1 A witness statement is the equivalent of the oral evidence which the witness would if called , give in evidence, it must include a statement by the intended witness that he believes the facts in it are true. 5.2 To verify a witness statement the statement of truth is as follows "I believe that the facts in this witness statement are true" Witness: Name ................................................... Address ................................................... Occupation ................................................... 6 Jurat Every Notary Public and Commissioner for Oaths before whom the witness statement is taken or made shall state truly in the jurat of attestation at what place and on what date the statement is taken or made.