19820217 TZCA Dar es Salaam3

The trial and appellate courts erred by relying on an inadmissible document as the sole basis for their findings; without admissible evidence, the case must be remitted for retrial.

Citation: 19820217 TZCA Dar es Salaam3
Parties: Appellant: Subash Samat; Respondent: Mangal Singh
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 February 1982
Procedural Posture: Civil Appeal / Appeal From High Court to Court of Appeal
Outcome: case remitted for retrial
Legal Topics: Admissibility of Evidence, Retrial, Tenancy
Source Language: English

Civil Procedure Admissibility of Evidence Retrial Tenancy

Case Brief

Summary, issues, holding and outcome

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Parties

Subash Samat

Appellant

Mangal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether the trial court's reliance on an inadmissible document (Exhibit 'A') invalidated its findings
2 Whether a retrial should be ordered in the absence of admissible evidence

Ratio Decidendi

The trial and appellate courts erred by relying on an inadmissible document as the sole basis for their findings; without admissible evidence, the case must be remitted for retrial.

Court Disposition

case remitted for retrial

Orders

Case remitted to a District Court of competent jurisdiction for retrial
Costs thrown away be in the cause