SEIZURE OF EVIDENCE

The seizure of evidence is a conservatory measure to attach evidence in the possession of the other party in a dispute or a third party. The evidence must be related to the matter in dispute, such as a breach of contract or tort. The purpose of the seizure is to secure the evidence for the proceedings pending or to be commenced later. In respect of the seizure the an application will have to be made in Court, specifying the evidence to be seized, the legal relationship subject to which the applicant is entitled to this evidence and why the conservatory measure is necessary under the circumstances. When the Court has granted leave to seize evidence a bailiff will be instructed to obtain the evidence. The evidence will be kept in custody of the bailiff until such time the evidence will have to disclosed in the Court proceedings, alternatively the evidence will have to be returned to its owner in a case of non-disclosure.