elikao e manzewa another vs bakari mahiza others 2012 tzhc 151 25 july 2012

elikao e manzewa another vs bakari mahiza others 2012 tzhc 151 25 july 2012

PW1 was from the outset a mere witness and not a representative under a power of attorney; thus, it is improper for him to testify under the power of attorney when the plaintiff is present. The power of attorney is irrelevant and inadmissible in these circumstances.

Citation
elikao e manzewa another vs bakari mahiza others 2012 tzhc 151 25 july 2012
Parties
Plaintiff: Elikao E. Manzewa; Attorney for Plaintiff: Roman E. Mosha; 1st Defendant: Bakari Mahiza; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2012
Procedural Posture
Land Case / Interlocutory Ruling on Admissibility of Power of Attorney and Witness Examination
Outcome
Objection sustained; power of attorney rejected as evidence; guidance given on witness examination.
Legal Topics
Admissibility of Evidence, Power of Attorney, Locus Standi, Witness Examination
Source Language
English
Civil Procedure Land Law Admissibility of Evidence Power of Attorney Locus Standi Witness Examination

Case Brief

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Parties

Elikao E. Manzewa

Plaintiff

Roman E. Mosha

Attorney for Plaintiff

Bakari Mahiza

1st Defendant

Commissioner for Lands

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Interlocutory Ruling on Admissibility of Power of Attorney and Witness Examination

Legal Issues

  1. 1 Whether PW1 can testify under a power of attorney when the plaintiff is present
  2. 2 Whether the power of attorney is admissible as evidence

Ratio Decidendi

PW1 was from the outset a mere witness and not a representative under a power of attorney; thus, it is improper for him to testify under the power of attorney when the plaintiff is present. The power of attorney is irrelevant and inadmissible in these circumstances.

Court Disposition

Objection sustained; power of attorney rejected as evidence; guidance given on witness examination.

Orders

  • Power of attorney is rejected and not admitted as evidence.
  • PW1 to be treated as a witness only, not as a representative under power of attorney.