20120725 TZHC Dar es Salaam

PW1 cannot testify under the power of attorney since the plaintiff is present; the power of attorney is irrelevant and inadmissible due to irregularities. The plaintiff must testify in her own capacity.

Citation: 20120725 TZHC Dar es Salaam
Parties: Plaintiff: Elikao E. Manzewa by her attorney 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 Testimony
Outcome: Objection sustained; power of attorney rejected as evidence.
Legal Topics: Locus Standi, Admissibility of Evidence, Power of Attorney, Witness Testimony
Source Language: English

Civil Procedure Land Law Locus Standi Admissibility of Evidence Power of Attorney Witness Testimony

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Parties

Elikao E. Manzewa by her attorney Roman E. Mosha

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 Testimony

Legal Issues

1 Whether PW1 can testify on the basis of a power of attorney when the plaintiff is present
2 Whether the power of attorney document is admissible as evidence

Ratio Decidendi

Court Disposition

Objection sustained; power of attorney rejected as evidence.

Orders

PW1 to be treated as a witness only, not as representative under power of attorney.
Plaintiff to testify in her personal capacity.