The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Civil procedure rules – appeal - challenge of record of proceedings
Although arising from a contractual dispute between the parties – regarding the respondent’s termination of its security services agreement with the appellant – this appeal’s focus was whether certain evidence admitted by the respondent could form part of the record. The documentary exhibits in question were not endorsed in accordance with the Civil Procedure Code.
Distinguishing this case from precedents wherein the court had permitted the inclusion of defectively endorsed documents, it was held that the purported exhibits fatally lacked essential information. This included the absence of the number and title of the suit, the name of the persons who produced them, the date on which they were produced and a statement showing they had been admitted. The court found that permitting such extensive exclusions would create too great a risk of evidentiary tampering.
The exclusion of the documents form the record of appeal rendered it incompetent under the Tanzania Court of Appeal Rules, meaning the appeal had to be struck out. No order of costs was made as the issue was raised by the court suo moto (of its own motion, without the request of the parties).