Tanzania Case Law

first national bank t ltd vs yohane ibrahim kaduma 2021 tzhccomd 2064 5 may 2021

Court

TZHCCOMD

Loan agreements are instruments chargeable with stamp duty under the Stamp Duty Act. As the documents were not duly stamped, they are inadmissible unless the Plaintiff pays the requisite stamp duty and penalty. The execution of the documents under the company seal satisfies section 39 of the Companies Act, and the objection on that ground is not upheld.

Source excerpt

• Admissibility of unstamped documents
• Execution of company documents
• Stamp duty on loan agreements
• Authentication of documents

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SERENGETI BREWERIES LTD VS BREAK POINT OUTDOOR CATERERS LTD COMM CASE NO

Court

TANZLII

Electronic evidence, including computer printouts, is admissible in civil proceedings if accompanied by a certificate detailing the manner of production, device particulars, and compliance with statutory conditions, signed by a responsible official. Without such certification and satisfaction of statutory requirements, the electronic document cannot be admitted as evidence.

Source excerpt

• Admissibility of electronic evidence
• Documentary evidence
• Civil procedure
• Bankers' books
• Authentication of documents

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20101001 TZHC Arusha

Court

TZHC

The High Court held that emails can qualify as documents and may be admitted in civil cases if they meet relevance, authenticity, hearsay, original-writing, and prejudice tests.

• Admissibility of electronic evidence
• Documentary evidence
• Authentication of documents
• Defamation
• Electronic-evidence
• Documentary-evidence

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lazarus mirisho mafie and ms shidolya tours safaris vs odilo gasper kilenga alias moiso gasper 2010 tzhccomd 1 10 january 2010

Court

TZHCCOMD

An email qualifies as a 'document' under section 3 of the Evidence Act, 1967, and is in principle admissible in civil proceedings, provided it meets the general evidentiary requirements of relevance, authenticity, hearsay, original writing, and probative value. The court set out standards for the admissibility of electronically stored information in civil cases, requiring proponents to clear evidentiary hurdles, particularly authentication. As the plaintiffs had not yet cleared these hurdles, the court deferred a final decision on admissibility to the trial stage.

Source excerpt

• Admissibility of electronic evidence
• Documentary evidence
• Authentication of documents
• Defamation

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