12/09/2022
Laws of Evidence
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Introduction
Like the name suggests, the law of evidence is premised on proof of alleged facts. It is a means from which an inference can logically be made as to the existence of a fact. In other words, evidence is the demonstration of a fact; it signifies that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other.
The law of evidence is a collection of rules governing what facts may be proved in court, what materials may be placed before court to prove those facts and the form in which those materials should be placed before court. Indeed, the Evidence Act cap 6 laws of Tanzania (hereunder referred to as TEA) is such a law.
The law of evidence aids a party who wants to be believed in what he alleges. This is because permitting a risk of relying on possible untruths to accept an alleged fact maybe too dangerous that it may result into undeserving loss to the party on whom the alleged fact works against, the law of evidence therefore requires the alleging party to prove his assertions before he can be believed.
“Evidence” and “evidence law” are two quite distinct concepts. “Evidence” generally refers to those inputs to decision-making that influence its outcome in what, to introduce a third concept, is normally referred to as a “rational manner. By contrast, “evidence law” refers to the manner in which the evidentiary process is organized, though the organization of the evidentiary process is contingent on both “evidence” and the nature of “rationality.” .
Like the name suggests, the law of evidence is premised on proof of alleged facts. It is a means from which an inference can logically be made as to the existence of a fact. In other words, evidence is the demonstration of a fact; it signifies that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other.
The law of evidence is a collection of rules governing what facts may be proved in court, what materials may be placed before court to prove those facts and the form in which those materials should be placed before court. Indeed, the Evidence Act cap 6 laws of Tanzania (hereunder referred to as TEA) is such a law.
The law of evidence aids a party who wants to be believed in what he alleges. This is because permitting a risk of relying on possible untruths to accept an alleged fact maybe too dangerous that it may result into undeserving loss to the party on whom the alleged fact works against, the law of evidence therefore requires the alleging party to prove his assertions before he can be believed.
“Evidence” and “evidence law” are two quite distinct concepts. “Evidence” generally refers to those inputs to decision-making that influence its outcome in what, to introduce a third concept, is normally referred to as a “rational manner. By contrast, “evidence law” refers to the manner in which the evidentiary process is organized, though the organization of the evidentiary process is contingent on both “evidence” and the nature of “rationality.” .
