The manual is intended to serve as a training tool and resource for legal trainers in uganda and africa in general. The classic treatise on evidence by dean john henry wigmore, w igmore on evidence chadbourn rev. Suggested readings on evidence law treatises, hornbooks, and other scholarly materials are plentiful and signify the centrality of evidence analysis in the justice system. The interface between social values and the legal code is such that the law usually reacts to changes in social norms rather than being proactive in establishing the family unit. The evidence act an act to declare the law of evidence. It is a fundamental principle of criminal jurisprudence that guilt of accused is to be proved by the prosecution, and an accused should be presumed to be innocent. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The concept and historical background of the evidence law. The point of departure for discussion is the tanzania. 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. Rights of debenture holders and shareholders to inspect.
The law of limitation act an act to prescribe the law for the limitation of actions in civil proceedings and for related matters. The corpus juris or body of laws is generally divided into two types of laws substantive laws and adjective laws. Proof of document not required by law to be attested. Aug, 2018 legal bites brings to you a comprehensive study material on law of evidence. Judgment of the court in the high court of tanzania mbeya. Land law iilecture notes land transactions essential features of the torrens system assignment 1 may 06 2019 equity and trusts lecturer series in uganda law of evidence class notes 2019 relationship goals michael todd ttu policy this comprises a policies that govern teachers trade union in tanzania,it was. Tanzania financial intelligence unit kitengo cha kudhibiti.
Oral evidence or testimony is evidence given by witnesses. Apr 23, 2015 tanzania s national language is swahili, and dozens of other languages and dialects are spoken as well. University of dar es salaam university of dar es salaam. Digital evidence journal admissibility of computer evidence in tanzania this article examines the admissibility of electronic documents by tanzanian courts. Law of evidence notes and cases in tanzania mkundi. View law of evidence notes and cases in tanzania mkundi legal service. The interface between social values and the legal code is such that the law usually reacts to changes in social norms rather than being proactive in. Indirect evidenceis circumstantial or hearsay evidence. The law of evidence lays down the rules which govern.
Admission of execution by party to attested document. This act may be cited as the law of limitation act. The word burden of proof has not been defined in evidence act. November 2020 introduction tanzanian law on data protection is still embryonic as there is not yet a comprehensive legislation on the area, although it is understood that a draft data protection bill the draft bill is on the horizon and will soon be unveiled. Remoral of incapacity to tstity from crime or mteresr 3. The law of evidence and the practice of theory author. He also lectured the law school of tanzania between 20072010. The mohammendan law givers deals with evidence under the heads of oral and documentary. The point of departure for discussion is the tanzania evidence act, cap 6 r. Proof of execution of document required by law to be attested. 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. See infra notes 5563 and accompanying text for these nations and their efforts for. Law of evidence notes, case laws and study material. Tanzania antimoney laundering act, regulations and guidelines, zanzibar antimoney laundering and proceeds of crime act, combating terrorist financing.
The antimoney laundering electronic funds transfer and cash transactions reporting regulations, 2019 were published on 2452019 by government notice no. Welcome to the open university of tanzania repository the. Suffices to say, there are two vital elements of the evidence law that have been applied by legal practitioners in tanzania without having adequate governing legal provisions in the tea. Government of the united republic of tanzania considers that it has achieved its niap and it shall exit the niap process as stipulated in step 5 of the annex 3 to resolution conf. The trip concluded with a presentation at a law school in dar es salaam, where the team learned there had been a major study of tanzanian evidence law in the 1970s. Indirect evidence is circumstantial or hearsay evidence. E 2002 the tanzania evidence act tea is the principal piece of legislation of the law of evidence. Provisions of the code and law of limitation to apply to third party proceedings. E 2002 tea and case law drawn from tanzania and other common law jurisdictions relevant to the discussion.
Real evidence consists of material objects addressed directly to the senses such as physical monuments. Studies land law and poverty in south asia, constitutional politics, and land tenure. Written evidence is evidence in the form of documents. Criminal procedure notes udsm table of contents table. 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. The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. Judicial notice is evidence in the form of knowledge. 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.
A company thus has legal rights and obligations in the same way that a natural person. Mzumbe university chuo kikuu mzumbe law of evidence. Admissibility of electronic evidence in tanzania tanzania. The law of evidence is defined as the body of legal rules that determines whether and how evidence can be adduced. Private law consists of the rules governing relations between private individuals or groups of persons. Related articles more from author transfer of property act, 1882 mock testmcq pdf. Evidence may be given of facts in issue and relevant facts. Understanding family law open university of tanzania.
The rapid increase of employing it in daily life in tanzania has brought many challenges. It was enacted in 1967 by the parliament based on the indian evidence act 1872. The admissibility of electronic evidence in tanzania. Guide to tanzanian legal system and legal research globalex. The new tanzania arbitration law seeks to incorporate international arbitration and enforcement of foreign arbitral awards, this is reflected in the long citation of the act which has been cited as act to provide for conduct relating to domestic commercial arbitration, international commercial arbitration and enforcement of foreign. Urt would like to note that the process to exit niap should be further clarified, for simplifications and transparencys sakes. Lpr 201 evidence 1 answer question 1 and any two other questions. Suit to include the whole claim, relinquishment of part of claim, and omission to sue for one of several reliefs. Simply put, substantive laws are those laws which define certain rights and liabilities and adjective laws are those which facilitate the realization of. Criminal procedure notes udsm table of contents table of. 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. There are four kinds of confession a judicial confession, b extrajudicial confession, c retracted confession, d confession by coaccused. Reforming the law of evidence of tanzania boston university. The word dying declaration means a statement written on verbal of relevant facts made by a person who is dead or a dying declaration is a declaration written or verbal made by a person, as to the cause of hisher death or as to any of the circumstances of the transaction, which resulted in hisher death.
The constitution of the united republic of tanzania of 1977. Except as otherwise provided in any other law this act shall. Private law which can be divided into categories such as torts, contracts, business entities, business relationships, and property rightsforms the substance of business law. Mobile 0744 310906 the author of this paper is a senior lecturer law at the mzumbe university. 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. Statute law restatement involves the administrative consolidation of all amendments to an act into a single text, making legislation more accessible. Definition of a company a company is a corporation an artificial person created by law. Welcome to the open university of tanzania repository. 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. The university of dar es salaam school of law is one of the academic units of the university of dar es salaam. Under the statute law restatement act 2002, where this text is certified by the attorney general it can be relied on as evidence of the law in question.
Discussion questions, tips, and other useful notes for training have been included where appropriate. According to section 59 of the evidence act, oral evidence must in all cases whatever be direct, that is a if it refers too a fact that could be seen, must be the. Published as workshop notes, legal aid in progress workshop 01 january 18 19, 2012. Constituent assembly of the united republic of tanzania, on behalf of the people, for the purpose of building such a society and ensuring that tanzania is governed by a government that adheres to the principles of democracy and socialism and shall be a secular state. The regulations require, among other things, reporting persons to report to the fiu currency transactions and electronic fund transfers. Assistant research fellow at muslim university of morogoro. Judgment of the court in the high court of tanzania. Foreign advisors, evidence law and forensic sciences institute. The admissibility of electronic evidence in tanzania sas open. Section 24 to 30 of indian evidence act deals with confessions. You will be penalized for not answering question 1 1. Oral evidence is further subclassified into direct and hearsay evidence as in present day. Therefore, whatever data protection provisions there are, they are to be found to varying degrees in a number of legislations.
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