Tanzania Case Law

the republic vs elija thomas patrice anthony patrick 2023 tzhc 23170 24 november 2023

Court

TZHC

The Flash Disk is admissible as an additional exhibit because the requirements of section 289(1) of the Criminal Procedure Act were met, the defence was notified and aware, and the person tendering the exhibit (PW13) had sufficient knowledge and possession as per binding precedent. Objections regarding description, authenticity, and access to contents do not bar admission at this stage.

Source excerpt

• Admissibility of evidence
• Procedure for tendering exhibits
• Notice of additional evidence
• Interpretation of criminal procedure act
• Interpretation of evidence act

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SAMSON MRIMI RULING ON SECTION 67 68 OF EVIDENCE ACT

Court

TANZLII

Secondary evidence cannot be admitted unless the party in possession of the original document has been given notice to produce, as required by sections 67(1)(a) and 68 of the Evidence Act. The document in question was not pleaded or disclosed, and no notice was given; therefore, its admission is refused.

Source excerpt

• Admissibility of secondary evidence
• Notice to produce documents
• Interpretation of evidence act

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nic bank t ltd formerly known as saving and finance commercial bank ltd vs wilson tarimo 2012 tzhccomd 60 9 august 2012

Court

TZHCCOMD

The High Court held that a bank branch manager could refresh his memory from a bank statement, treating the dynamic electronic record as within section 168(2).

• Refreshing memory of witness
• Admissibility of electronic documents
• Interpretation of evidence act
• Corporate testimony
• Refreshing-memory
• Electronic-evidence

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19750611 TZHC Dodoma

Court

TZHC

The High Court allowed a criminal appeal against acquittal, convicted a public servant of theft, and held that accomplice evidence under section 142 need not be corroborated.

• Theft by public servant
• Evidence of accomplices
• Corroboration
• Interpretation of evidence act
• Appeals against acquittal
• Theft-by-public-servant

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