JUDGMENT PETER WAGESI CHACHA VS JACKSON MAHALI PC CIVIL NO 4271
The trial court and first appellate court improperly admitted affidavits alongside oral evidence from the same witnesses, contrary to law. All exhibits not read in court are expunged. Only oral evidence remains. On the balance of probabilities, the respondent's evidence is more credible, and the appellant failed to prove full repayment. The appellant is liable for the outstanding loan.
Source excerpt
- Loan agreement
- Burden of proof
- Admissibility of evidence
- Affidavit vs oral evidence
- Expungement of exhibits