Chapter II — RELEVANCY OF FACTS

Section 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.

Illustration.

A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.