20150617 TZHC Dar es Salaam
The plaintiff failed to satisfactorily account for the non-production of the original document and the photocopy was not certified; therefore, the requirements of section 67 of the Evidence Act were not met and the document is inadmissible.
- Citation
- 20150617 TZHC Dar es Salaam
- Parties
- Plaintiff: Afriscan Group (T) Ltd; Defendant: Said Msangi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 June 2015
- Procedural Posture
- Commercial Case / Ruling on Evidentiary Objection
- Outcome
- Objection sustained
- Legal Topics
- Admissibility of Secondary Evidence, Requirements for Tendering Documents, Certification of Photocopies
- Source Language
- English
Case Brief
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Parties
Afriscan Group (T) Ltd
Plaintiff
Said Msangi
Defendant
Procedural Posture
Commercial Case / Ruling on Evidentiary Objection
Legal Issues
- 1 Whether an uncertified photocopy of a Power of Attorney is admissible as secondary evidence under section 67 of the Evidence Act
Ratio Decidendi
The plaintiff failed to satisfactorily account for the non-production of the original document and the photocopy was not certified; therefore, the requirements of section 67 of the Evidence Act were not met and the document is inadmissible.
Court Disposition
Objection sustained
Orders
- Uncertified photocopy of Power of Attorney is inadmissible as evidence
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