MHUBIRI ROGEGA MONG'ATEKO VS. MAK MEDICS LTD CIVIL APPEAL NO. 106 OF 2019.

Abstract

(i) Upon admitting the liability with common understanding to repay the same, itcannot be said that such termination was un fair. (ii) It is trite law that, a document which is not admitted in evidence cannot be treated as forming part of the record even if it is found amongst the papers in the record of appeal. (iii) it is clear that the two courts below relied on the evidence which was not tendered and admitted in evidence as per the requirement of the law. This omission led to miscarriage of justice because the appellant was adjudged on the basis of the evidence which was not properly admitted in evidence.