20200601 TZHC Dar es Salaam

20200601 TZHC Dar es Salaam

Objection sustained because the notice to produce filed by the petitioner lacked the required list of documents to be relied upon, thus photocopies cannot be tendered without originals.

Citation
20200601 TZHC Dar es Salaam
Parties
1st Petitioner: Hassan Zuberi Mzalia; 2nd Petitioner: Rahma K.H. Mzalia; 1st Respondent: Go-Link Express Company Limited; 2nd Respondent: Mag Motors Company Limited; 3rd Respondent: Keith G. Magianga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 June 2020
Procedural Posture
Civil / Interlocutory Ruling on Evidentiary Objection
Outcome
Objection sustained; photocopies not admitted.
Legal Topics
Production of Documents, Pleading Requirements, Notice to Produce, Admissibility of Photocopies
Source Language
English
Civil Procedure Company Law Evidence Production of Documents Pleading Requirements Notice to Produce Admissibility of Photocopies

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Parties

Hassan Zuberi Mzalia

1st Petitioner

Rahma K.H. Mzalia

2nd Petitioner

Go-Link Express Company Limited

1st Respondent

Mag Motors Company Limited

2nd Respondent

Keith G. Magianga

3rd Respondent

Procedural Posture

Civil / Interlocutory Ruling on Evidentiary Objection

Legal Issues

  1. 1 Whether photocopies of company documents can be tendered in evidence without originals
  2. 2 Whether the list of documents to be relied upon must accompany the notice to produce

Ratio Decidendi

Objection sustained because the notice to produce filed by the petitioner lacked the required list of documents to be relied upon, thus photocopies cannot be tendered without originals.

Court Disposition

Objection sustained; photocopies not admitted.

Orders

  • Costs to follow event