U.

E SECOND YEAR // SECOND SEMESTER

SUBJECT: LAW OF EVIDENCE II

1. A scenario basing on the issue of signing a contract btn the government and the Foreign
country which most of people objects that their sovereign is sold to the other state. One, Mr.
Mwanaharakati petitioned to challenge the contract for being contrary to the laws.

Assume that you are sitting as a magistrate in that case would you sustain or overrule the
following objections??!

(i) The petitioner wants to tender a world political map but the respondent objects that the same
should not be admitted.

(ii) The petitioner wants to tender a soft copy of the contract signed by the government but the
respondent objects that the contract was signed in a hard copy

(iii) The respondent brings Mabangi Bin Mitungi to testify on behalf of the Republic but The
petitioner objects on the ground that he knows the witness to be of unsound mind as he was
hospitalized at Milembe hospital few months ago.

2. Discuss the circumstances under which the notice of intention to produce shall not be required
for a party to prove a document by secondary evidence.

3. Kipepeo Iloilo and one Bilika Bukuli are alleged to have killed the husband of Kipepeo Iloilo
by using a machete to throat his neck. Kipepeo Iloilo was in an undisclosed relationship with the
accused person ( Bilika Bukuli) for almost four years. She agreed with the accused to come into
her matrimonial home as her husband was not around. Bilika went as they agreed after eating
they entered into the room together. Yamu Sihire a child aged 7 yrs was witnessing all these
events. After her biological mother has entered into the room with Bilika ,, he later on heard a
voice of her father that "Bilika Unaniua" her mother started to move to and fro the room when
Yamu asked what was happening she said nothing. Kipepeo Iloilo confessed that Bilika Bukuli
used a machete to throat her husband's neck while Bilika did not confess to have killed the
accused person.

Assume that you are an intern at Boma Associates and Advocates prepare a legal opinion stating
whether Kipepeo Iloilo and Yamu Sihire are competent and compelable witnesses in the case at
hand

4. Discuss the challenges facing the Admissibility of Electronic evidence in Tanzania

5. The appellant was convicted at the trial court for unnatural offence against a child aged 3 yrs.
PW2 and PW3 witnessed him on the bush with a child while he is half naked. The doctor who
examined the victim found the genitals of a child full of stool and bruises.

As a State Attorney give a response on the raised grounds of appeal by the appellant that;

(i) The case was not proved beyond reasonable doubt

(ii) That the magistrate errored in fact and law by convicting the appellant while the victim was
not summoned to appear before the court to testify.

(iii) That the credibility of the witnesses was not scrutinized as to why they decided to go in the
scene of the crime in duos and not asking for a company of others who were in a local bar
drinking liquor.

6. You are the defense counsel representing the accused person who is accused of murder. After
the closure of the prosecutions case you call your witness (the accused) so as to conduct
examination in chief , it is where now you understand that the accused person is giving irrational
answers. What procedures will you take to deal with that issue??
DISCLAIMER: The writer does not warrant the veracity or precision of the questions presented

herein, as they were formulated post-examination. Therefore, they serve solely as illustrative

indicators of how the exam questions were framed.

* FBB16*