MWAJUMA MBEGU v. KITWANA AMANI, CIVIL APPEAL NO. 12 of 2001

Abstract

Held: (i) A public document that had not been tendered in evidence as the proof of the facts in the trial cannot be relied upon in making findings. (ii) Judicial findings must be based on admissible evidence, and any reliance on an untendered document is legally unjustifiable.