afriscan group t ltd vs david joseph mahende 2022 tzhccomd 71 10 march 2022

afriscan group t ltd vs david joseph mahende 2022 tzhccomd 71 10 march 2022

The objection to admissibility fails because the court had already ruled the documents admissible, and any issues regarding certification and payment of fees can be rectified before submission to the Court of Appeal. The law does not mandate exclusion of documents solely for lack of certification or fee payment at this stage.

Citation
afriscan group t ltd vs david joseph mahende 2022 tzhccomd 71 10 march 2022
Parties
Plaintiff: Afriscan Group (T) Ltd; Defendant: David Joseph Mahende
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 March 2022
Procedural Posture
Commercial Case / Ruling on Objection to Admissibility of Additional Evidence
Outcome
Objection dismissed
Legal Topics
Admissibility of Documentary Evidence, Certification of Public Documents, Payment of Court Fees, Procedural Objections
Source Language
English
Evidence Law Civil Procedure Admissibility of Documentary Evidence Certification of Public Documents Payment of Court Fees Procedural Objections

Case Brief

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Parties

Afriscan Group (T) Ltd

Plaintiff

David Joseph Mahende

Defendant

Procedural Posture

Commercial Case / Ruling on Objection to Admissibility of Additional Evidence

Legal Issues

  1. 1 Whether the documents tendered as additional evidence are admissible despite alleged defects in certification and payment of fees

Ratio Decidendi

The objection to admissibility fails because the court had already ruled the documents admissible, and any issues regarding certification and payment of fees can be rectified before submission to the Court of Appeal. The law does not mandate exclusion of documents solely for lack of certification or fee payment at this stage.

Court Disposition

Objection dismissed

Orders

  • Objection overruled
  • Documents received and to be marked as exhibits in accordance with the law