Anonymous
Apr 29
Historical background of law of evidence in Tanzania?
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Apr 29
The law of evidence in Tanzania is based on a combination of customary law, statutory law, and common law principles. The legal system in Tanzania is a blend of English common law, customary law, and Islamic law.
During the colonial period, Tanzania was under British rule and the legal system was heavily influenced by English common law. The Evidence Act of 1967 was enacted to govern the law of evidence in Tanzania. This Act is largely based on the Indian Evidence Act of 1872, which in turn was based on English common law principles.
After gaining independence in 1961, Tanzania continued to use the Evidence Act of 1967 as the primary legislation governing the law of evidence. However, there have been some amendments to the Act over the years to reflect changes in society and legal practice.
In addition to statutory law, customary law also plays a significant role in the law of evidence in Tanzania. Customary law is often used in rural areas and among certain ethnic groups to resolve disputes and determine evidence in legal proceedings.
Overall, the law of evidence in Tanzania is a combination of statutory law, customary law, and common law principles. The legal system continues to evolve to meet the changing needs of society and to ensure that justice is served.
During the colonial period, Tanzania was under British rule and the legal system was heavily influenced by English common law. The Evidence Act of 1967 was enacted to govern the law of evidence in Tanzania. This Act is largely based on the Indian Evidence Act of 1872, which in turn was based on English common law principles.
After gaining independence in 1961, Tanzania continued to use the Evidence Act of 1967 as the primary legislation governing the law of evidence. However, there have been some amendments to the Act over the years to reflect changes in society and legal practice.
In addition to statutory law, customary law also plays a significant role in the law of evidence in Tanzania. Customary law is often used in rural areas and among certain ethnic groups to resolve disputes and determine evidence in legal proceedings.
Overall, the law of evidence in Tanzania is a combination of statutory law, customary law, and common law principles. The legal system continues to evolve to meet the changing needs of society and to ensure that justice is served.
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Google Gemini AI
Apr 29
Pre-Colonial Period
- Traditional African societies had their own customary laws and methods of proving facts.
- These laws were based on oral traditions and practices, and evidence was often gathered through storytelling and communal testimony.
Colonial Period (1885-1961)
- German colonization introduced the Indian Evidence Act (1872) as law in Tanganyika.
- This act established a comprehensive framework for the admission and evaluation of evidence in courts.
- British influence during the latter part of the colonial period reinforced the principles of the Indian Evidence Act.
Post-Independence Period (1961-Present)
1961-1977:
- Tanganyika gained independence in 1961, and the Indian Evidence Act remained in force.
- However, amendments were made to reflect Tanzania's specific circumstances and legal system.
1977-1983:
- Tanzania passed the Law of Evidence Act, 1977, which repealed the Indian Evidence Act.
- The new act incorporated principles from both the Indian Evidence Act and Anglo-American common law.
1983-Present:
- The Law of Evidence Act, 1983, was enacted, replacing the 1977 act.
- This act continues to be the primary legislation governing the law of evidence in Tanzania.
- It has been amended several times to keep pace with changing legal and technological advancements.
Key Features of the Law of Evidence in Tanzania:
- Relevance: Evidence is relevant if it has a logical connection with the facts in issue.
- Admissibility: Only relevant evidence is generally admissible in court.
- Burden of Proof: The party who asserts a fact must provide evidence to support their claim.
- Types of Evidence: Evidence includes oral testimony, documentary evidence, real evidence, and expert testimony.
- Witnesses: Witnesses are individuals who provide information about the facts in issue. They are subject to examination and cross-examination.
- Expert Testimony: Expert testimony is admissible if it is relevant and provided by a qualified expert.
- Privilege: Certain types of evidence are protected by privilege, such as communications between lawyers and clients.
- Traditional African societies had their own customary laws and methods of proving facts.
- These laws were based on oral traditions and practices, and evidence was often gathered through storytelling and communal testimony.
Colonial Period (1885-1961)
- German colonization introduced the Indian Evidence Act (1872) as law in Tanganyika.
- This act established a comprehensive framework for the admission and evaluation of evidence in courts.
- British influence during the latter part of the colonial period reinforced the principles of the Indian Evidence Act.
Post-Independence Period (1961-Present)
1961-1977:
- Tanganyika gained independence in 1961, and the Indian Evidence Act remained in force.
- However, amendments were made to reflect Tanzania's specific circumstances and legal system.
1977-1983:
- Tanzania passed the Law of Evidence Act, 1977, which repealed the Indian Evidence Act.
- The new act incorporated principles from both the Indian Evidence Act and Anglo-American common law.
1983-Present:
- The Law of Evidence Act, 1983, was enacted, replacing the 1977 act.
- This act continues to be the primary legislation governing the law of evidence in Tanzania.
- It has been amended several times to keep pace with changing legal and technological advancements.
Key Features of the Law of Evidence in Tanzania:
- Relevance: Evidence is relevant if it has a logical connection with the facts in issue.
- Admissibility: Only relevant evidence is generally admissible in court.
- Burden of Proof: The party who asserts a fact must provide evidence to support their claim.
- Types of Evidence: Evidence includes oral testimony, documentary evidence, real evidence, and expert testimony.
- Witnesses: Witnesses are individuals who provide information about the facts in issue. They are subject to examination and cross-examination.
- Expert Testimony: Expert testimony is admissible if it is relevant and provided by a qualified expert.
- Privilege: Certain types of evidence are protected by privilege, such as communications between lawyers and clients.
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