ADMISSION OF ADDITIONAL EVIDENCE ON APPEAL IN TANZANIA
As a general rule, no new evidence whether oral or documentary is allowed on appeal. However, the court can allow new evidence on appeal even if it was not presented during the original hearing, but only under certain conditions set out in
Order XXXIX Rule 27 of the Civil Procedure Code, Cap 33, R.E. 2023. According to this rule, the court may admit new evidence if:
- The court that issued the original decision refused to admit evidence that should have been allowed, or
- The court needs a document or witness to properly decide the case, or
- There are some other special circumstances.
In the case of
Simba Logistics Limited vs Muhammed Ubwa Ramadhani and another (Civil Application No. 6917 of 2025, from Civil Appeal No. 28921 of 2024), the court emphasized Rule 27. It stated that evidence may be admitted if:
- The original court wrongly refused evidence that should have been admitted, or
- The court needs new documents or witnesses to make a fair judgment, or
- There is another substantial reason.
The court also referred to earlier cases such as
S.T.P.A Ryani vs Shoitram & others (1963), Ladd vs Marshall (1954), and Tarmohamed & another vs Lakhani & Co. (1958), which set three important conditions for admitting new evidence:
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The evidence could not have been obtained with reasonable effort during the original trial.
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The new evidence would likely have an important effect on the case’s outcome.
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The evidence must appear credible.
The court stressed that the first condition showing reasonable effort was made to get the evidence during the trial is crucial. If these conditions are met, the court may, at its discretion, allow the new evidence.
Procedure for Admitting New Evidence on Appeal
The party who wants the court to accept new documents or evidence must formally apply to the court. This can be done through a written or oral application. The case of Tanga Cement Public Limited Company vs. Commissioner General Tanzania Revenue Authority, Civil Appeal No. 161 of 2025 (CAT) clearly states this requirement.
What Happens if New Evidence is Admitted Without Following the Proper Procedure?
In the Tanga Cement case, the court made it clear that if any new document is admitted on appeal without following the proper legal procedure or exceptions, the party who benefits from that document is not allowed to use or rely on it in the case.
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