amani msuya ta kinanzo general trader vs treasury registrar another 2020 tzca 1950 28 february 2020

amani msuya ta kinanzo general trader vs treasury registrar another 2020 tzca 1950 28 february 2020

Annexures to pleadings that are not tendered and admitted as exhibits cannot be relied upon as evidence; the appellant failed to prove his case on the balance of probabilities, and the court is not obliged to assist a lay litigant in presenting evidence.

Citation
amani msuya ta kinanzo general trader vs treasury registrar another 2020 tzca 1950 28 february 2020
Parties
Appellant: Amani Msuya t/a Kinanzo General Trader; 1st Respondent: Treasury Registrar; 2nd Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with costs
Legal Topics
Admissibility of Documents, Burden of Proof, Court's Duty to Unrepresented Litigants
Source Language
English
Civil Procedure Evidence Admissibility of Documents Burden of Proof Court's Duty to Unrepresented Litigants

Case Brief

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Parties

Amani Msuya t/a Kinanzo General Trader

Appellant

Treasury Registrar

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the High Court erred in failing to treat a letter as acknowledgment of debt when not tendered as evidence
  2. 2 Whether the High Court erred by not assisting an unrepresented litigant to tender documents annexed to the plaint

Ratio Decidendi

Annexures to pleadings that are not tendered and admitted as exhibits cannot be relied upon as evidence; the appellant failed to prove his case on the balance of probabilities, and the court is not obliged to assist a lay litigant in presenting evidence.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.