Rules governing admissibility evidence in a court and authority from law of evidence act af Tanzania?

The rules governing the admissibility of evidence in a court in Tanzania are primarily outlined in the Law of Evidence Act, Chapter 6 of the Laws of Tanzania. The Act provides guidelines on what evidence is admissible in court and under what circumstances. Some of the key provisions include:

1. Section 3 of the Law of Evidence Act states that all relevant evidence is admissible unless specifically excluded by law.

2. Section 4 of the Act outlines the types of evidence that are considered relevant, including oral evidence, documentary evidence, and real evidence.

3. Section 5 of the Act provides guidelines on the admissibility of hearsay evidence, stating that hearsay evidence is generally inadmissible unless it falls under certain exceptions.

4. Section 6 of the Act outlines the admissibility of opinions as evidence, stating that opinions are generally inadmissible unless they are given by an expert witness.

5. Section 7 of the Act provides guidelines on the admissibility of character evidence, stating that evidence of a person's character is generally inadmissible unless it is directly relevant to the case.

6. Section 8 of the Act outlines the admissibility of previous statements made by a witness, stating that previous inconsistent statements can be used to impeach a witness's credibility.

These are just a few of the key provisions outlined in the Law of Evidence Act that govern the admissibility of evidence in a court in Tanzania. It is important for legal practitioners and individuals involved in court proceedings to familiarize themselves with these rules to ensure that evidence is properly presented and considered in court.

Rules Governing Admissibility of Evidence in a Court in Tanzania

The admissibility of evidence in a court in Tanzania is governed primarily by the Law of Evidence Act, 1967 (Cap. 6). The following are some key principles and provisions regarding admissibility:

- Relevance: Evidence must be relevant to the facts in issue, meaning it must tend to prove or disprove a material fact. (Section 5)
- Competency: A witness must be competent to give evidence, meaning they have the capacity to understand the proceedings, give a truthful account, and be able to be cross-examined. (Section 10)
- Admissibility of hearsay evidence: Hearsay evidence (where a person testifies about what someone else said or did) is generally inadmissible, but there are exceptions, such as:
- Res gestae (statements made during or immediately after an event)
- Dying declarations
- Confessions
- Admissions
- Business records
- Best evidence rule: The best evidence of a fact must be presented, meaning that original documents or recordings should be produced if available. (Section 64)
- Proof of burden and standard of proof: The party who asserts a fact has the burden of proving it. The standard of proof in civil cases is on a "balance of probabilities," while in criminal cases it is "beyond reasonable doubt." (Sections 101-102)
- Judicial discretion: The judge has the discretion to determine whether evidence is admissible or not, based on factors such as relevance, reliability, and fairness.

Authority from the Law of Evidence Act of Tanzania

The following sections of the Law of Evidence Act, 1967 (Cap. 6) provide legal authority for the rules governing admissibility of evidence:

- Section 5: Relevance
- Section 10: Competency of witnesses
- Section 38: Hearsay evidence
- Section 64: Best evidence rule
- Sections 101-102: Burden of proof and standard of proof
- Section 145: Discretion of the court on admissibility