LEONARD DOMINIC RUBUYE t/a RUBUYE AGROCHEMICAL SUPPLIES VS. YARA TANZANIA LIMITED. CIVIL APPEAL NO. 219 OF 2018

Abstract

Held (i). It is a well settled position that the onus of proving existence or non-existence of any fact lies on the party asserting its existence or non-existence and in civil cases proof is at balance of probabilities.

(ii) The first appellate Court has the power to revisit and re-evaluate the entire evidence in an objective manner and come up with its own findings of facts.

(iii). Documents not tendered and admitted in Court as exhibits cannot be relied upon as evidence and cannot be the basis of a decision.

(iv). Documents though tendered in Court if not explanation is availed as to their purpose are of no assistance to the Court. The duty lies on the party relying on them to demonstrate their significance.

(v). The use or non-use of assessors in a trial of a suit is a matter left to the discretion of the trial judge to determine. The Rule imposes a duty on the presiding judge to peruse the pleadings before him so as to decide whether or not the issues involved and which may arise during the trial of the suit would require any inputs from assessors so as to arrive at a just decision.

(vi). Application of the provisions of the CPC in adjudicating cases in the Commercial Court is restrictive and limited to situations where there is a lacuna in the Com Rules.