A the law of evidence and documentary evidence 22 1 how oral and documentary evidence is given in court 22 2 the rules of evidence 23 3 relevance 24 4 factors affecting the weight of the documentary evidence other than real evidence 26 b the best evidence rule. Judicial notice is evidence in the form of knowledge. 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. 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. 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.
University of dar es salaam university of dar es salaam. The entire corpus juris body of laws is broadly classified into. In criminal law, motive is irrelevant, but in the law of evidence. The law on hearsay evidence in tanzania mkundi legal service. 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. Admissibility of electronic evidence in tanzania tanzania. It can also be established from a persons words and. The rapid increase of employing it in daily life in tanzania has brought many challenges. Proof of allegation that persons signed or wrote a document. Evidence may be given in absence of accused in certain cases.
Nature of the law of evidence law of evidence is closel y linked to cri minal and civil procedure hence and is referred to as procedural and adjectival law. 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. Langbein the main work of a legal system is deciding matters of past fact. Reforming the law of evidence demands that attention be given to the. Tanzania commission for aids act, 2001 tanzania food, drugs and cosmetics act no. Motive is a mental state and its normally derived from circumstances and relationships. E 2002 tea and case law drawn from tanzania and other common law jurisdictions relevant to the discussion.
There is no allembracing statute governing the south african law of aspects. 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. Various statutes govern various aspects of it, but the common law is the main source. 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. Traditional views of the role and place of women still dominate, yet married women often face the greatest degree of discrimination. Nov 09, 2011 tanzania is a multicultural society, comprising a variety of ethnic groups and different religions. 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. The point of departure for discussion is the tanzania evidence act, cap 6 r. 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.
Oral evidence or testimony is evidence given by witnesses. Jury,coroner, magistrate, officer, or person having by law or by consent of parties authority to hear, receive, and examine evidence. 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. The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. The university of dar es salaam school of law is one of the academic units of the university of dar es salaam. Certificate regarding the preparation of photographic prints, etc. Digital evidence journal admissibility of computer evidence in tanzania this article examines the admissibility of electronic documents by tanzanian courts. The law of evidence is defined as the body of legal rules that determines whether and how evidence can be adduced. Apr 04, 2015 by sumit kumar suman, cnlu introduction the term law is used in different senses. 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. It is therefore assumed that there is a transaction in issue or a principal fact.
To the end that court decisions are to be based on truth founded on evidence, a primary. Environmental law and institutions in tanzania environmental law is a new term in tanzania, although some of the many concepts in environmental law have existed since the birth of the nation and earlier. The law of evidence and the practice of theory author. The law of evidence lays down the rules which govern. Those which must be found to exist before a party can succeed in the proceedings and which are not conceded the opposing party. 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. Evidence regarding application of language to one of two sets of facts. Allen et al reforming the law of evidence of tanzania. The term res gestae is used to connote acts, declarations and circumstances constituting or explaining a fact or transaction in issue.
Motive may be a fear or a desire to bring about a particular activity. To that end, the tanzanian government recently began a project to. Written evidence is evidence in the form of documents. This was an important milestone towards improving practical skills of aspiring lawyers in the country. Real evidence consists of material objects addressed directly to the senses such as physical monuments. 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.
Proof of execution of document required by law to be attested. Therule isnot intended to allow a litigant who has been unsuccessful in the lower court to patch up the weak parts of his case and fill up omissions in the court of appeal in the light of the stated position of the law, the question to be answered is. Evidence regarding meaning of illegible characters, etc. Hoseah, director general prevention and combating of corruption bureau conference of the law of evidence held on november 2122, 2014northwestern university. Remoral of incapacity to tstity from crime or mteresr 3. Except as otherwise provided in any other law this act shall.
The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. The concept and historical background of the evidence law. The evidence act an act to declare the law of evidence. Either type of evidence may be enough to establish guilt beyond a reasonable doubt, depending on the facts of the case as the jury finds them to be. The south african law of evidence forms part of the adjectival or procedural law of that country. It was observed by the court of appeal in the case of tanzania cotton marketing board. Law of evidence notes and cases in tanzania mkundi legal. Evidence regarding application of language which can apply to one only of several persons or things. Administration of justice in mainland tanzania request pdf. The background of the tanzania law of evidence project by dr. Documentary and electronic evidence law commission. Pdf law of evidence in kenya godfrey aira academia.
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