idrisa r hayeshi vs emmaneli elinami makundi 2021 tzca 308 16 july 2021
The applicant failed to demonstrate that the additional evidence (survey map) could not have been obtained with reasonable diligence at trial, and a similar map was already admitted as evidence. The application is an attempt to fill gaps after losing at trial, which is not permissible. The conditions for admitting additional evidence on appeal were not met.
Source excerpt
- Additional evidence on appeal
- Reasonable diligence
- Land demarcation
- Trespass