Trust Bank ltd vs Le - Marsh Enterprises Ltd (2000) ADMISSIBILITY OF ELECTRONIC EVIDENCE IN TANZANIA

 Trust Bank Ltd V. Le – Marsh Enterprises Ltd, Joseph Mbui Magari, and Lawrence Macharia .  In this case, the court ruled that the electronic evidence is admissible in Tanzanian Courts and the same was a departure from the strict rule of best evidence that only primary evidence i.e. original documents are admissible.


He further notes that, judges are not to be ignorant of modern n business methods and stay aloof to the mysteries of the computer.  This decision, in his opinion shows the judicial activism and the role of judiciary in filling gaps left by the legislature. The legislature following this decision responded by enacting Electronic Evidence Amendments Act, 2007 which provides for provision for the reception of electronic evidence in courts of law in Tanzania.  The new section added is section 40A, to the Tanzania Evidence Act, 1967 .

Inter alia, the section provides that in any criminal proceedings information retrieved from computer systems, networks or severs, or records obtained through surveillance of means of preservation of information including facsimile machines, electronic transmission and communication facilities; the audio or video recording of acts or behaviors or conversation of persons charged, shall be admissible in evidence .


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