Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. On the opposite side of the coin of a right that cannot be vindicated is the risk that the law will encourage too much litigation and too little private negotiation. Procedure where accused is the only witness called for defence. Documentary and electronic evidence law commission. Administration of justice in mainland tanzania is designed to serve as a handson guide for legal practitioners in many areas of court practice and procedure both civil and criminal and. Those which must be found to exist before a party can succeed in the proceedings and which are not conceded the opposing party. Evidence regarding application of language which can apply to one only of several persons or things. The law of evidence and the practice of theory author.
Blackstone remarked that experience will abundantly show, that above a hundred of our lawsuits arise from disputed facts, for one where the law is doubted of. Nov 09, 2011 tanzania is a multicultural society, comprising a variety of ethnic groups and different religions. Law of evidence notes and cases in tanzania mkundi legal. It is therefore assumed that there is a transaction in issue or a principal fact.
Traditional views of the role and place of women still dominate, yet married women often face the greatest degree of discrimination. Various statutes govern various aspects of it, but the common law is the main source. Digital evidence journal admissibility of computer evidence in tanzania this article examines the admissibility of electronic documents by tanzanian courts. Hoseah, director general prevention and combating of corruption bureau conference of the law of evidence held on november 2122, 2014northwestern university. Langbein the main work of a legal system is deciding matters of past fact. The university of dar es salaam school of law is one of the academic units of the university of dar es salaam. The evidence act an act to declare the law of evidence. The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. It can also be established from a persons words and. The background of the tanzania law of evidence project by dr. The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. The rapid increase of employing it in daily life in tanzania has brought many challenges. Proof of execution of document required by law to be attested. This was an important milestone towards improving practical skills of aspiring lawyers in the country.
The entire corpus juris body of laws is broadly classified into. Tanzania commission for aids act, 2001 tanzania food, drugs and cosmetics act no. Evidence regarding application of language to one of two sets of facts. Except as otherwise provided in any other law this act shall. Situated on the university main campus mwalimu julius nyerere campus in a b weston building, the school is the oldest higher education training institution in tanzania. The law of evidence is defined as the body of legal rules that determines whether and how evidence can be adduced. The south african law of evidence forms part of the adjectival or procedural law of that country. Written evidence is evidence in the form of documents.
Jury,coroner, magistrate, officer, or person having by law or by consent of parties authority to hear, receive, and examine evidence. In criminal law, motive is irrelevant, but in the law of evidence. E 2002 tea and case law drawn from tanzania and other common law jurisdictions relevant to the discussion. Accidents and miscellaneous action african law alleged amended amount arising assault athumani auditors awarded battery breach of duty bukoba caused chapter circumstances civil appeal claim damages common law contract course of employment court of appeal courts in tanzania criminal deceased defamation defamatory defendant defendants detinue. Evidence may be given in absence of accused in certain cases. Proof of allegation that persons signed or wrote a document. Remoral of incapacity to tstity from crime or mteresr 3. The point of departure for discussion is the tanzania evidence act, cap 6 r. Pdf law of evidence in kenya godfrey aira academia. The law on hearsay evidence in tanzania mkundi legal service. Motive may be a fear or a desire to bring about a particular activity. The law school of tanzania the school was established by the law school of tanzania act 2007 the act that came into force on 2nd may 2007. To the end that court decisions are to be based on truth founded on evidence, a primary.
Judicial notice is evidence in the form of knowledge. The tanzanian courts for quite a long time have been relying on the common law doctrine of best evidence rule to which the primary evidence in most cases is the written and signed or authenticated documents 1. Cogecot cotton company sa3 that the law cannot be and is not ignorant of modern business practices methods and must not shut its eyes to the mysteries of the computers. Evidence, in law, any of the material items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it. Certificate regarding the preparation of photographic prints, etc. Real evidence consists of material objects addressed directly to the senses such as physical monuments. It was observed by the court of appeal in the case of tanzania cotton marketing board. In 2011, the government of the united republic of tanzania, under the auspices of the prevention and combating of corruption bureau and its director general dr. Administration of justice in mainland tanzania request pdf. Reforming the law of evidence demands that attention be given to the. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence.
To that end, the tanzanian government recently began a project to. There is no allembracing statute governing the south african law of aspects. The concept and historical background of the evidence law. In the plain sense, it means any rule, regulation or canon, a dogma or a norm to which the human actions are required to conform. Conclusive evidence, senior rights, and third persons the words of a written conveyance are conclusive evidence as between the buyer and seller, but. Oral evidence or testimony is evidence given by witnesses. Allen et al reforming the law of evidence of tanzania. University of dar es salaam university of dar es salaam. The term res gestae is used to connote acts, declarations and circumstances constituting or explaining a fact or transaction in issue. The law of evidence lays down the rules which govern. This act may be cited as the evidence act 1967 and shall come into operation on such date as the minister may, by notice in the gazette, appoint.
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