1.

0 INTRODUCTION

Law of evidence

Is a law that are used in the process of making witness in the court of law, this was a law that used to
approve or to disapprove something in order to get right of individual before the court of law.It provide
under Article 13 (6)(b) of The Constitution Of The United Republic of Tanzania of 1977.Is explained about
the important of evidence in providing justice.

Evidence

Is the information that you can use to support argument which is the main claim,or is the statement of
proving something or disapproving something that happens or is the information which is used in a
court of law to try to prove or disapprove something.Evidence is obtained from documents, object or
witness.Under section 3 of The Evidence Act ( TEA).

2.0 MAINBODY

The following are the types of law of Evidence as follows;

2.1Oral Evidence

Oral Evidence.Is the kind of evidence that all those statements which the court permits or expects the
witnesses to make in his presence regarding the truth of the facts are called oral evidence.Also the oral
evidence must always be direct or positive.So evidence is direct when it goes straight to establish the
main fact in issue.The oral evidence its provided under section 61 of Evidence Act which states that:

"All facts , except the contents of document , may be proved by oral evidence".

Also in the section 62(2) of law of Evidence Act explain about the ral meaning of oral evidence which
state that.

" If oral evidence refers to the existence or condition of any material thing other than a document, the
court may, if it thinks fit, require the production of such material thing for its inspection."

2.2Documentary evidence

This is the evidence which consists of written or recorded materials such as emails, letters and other
documents that are presented as proof of fact. The documentary evidence consists of primary and
secondary documentary evidence.Also according to the section 83 and 84 of The Evidence Act Cap 6 it
provide the types of documents.It provide that,

2.2.1 public document

The public document is explained under section 83 of the law of Evidence Act [ cape 6 R:E 2022 ] which
state that

"The following documents are public documents-

(a) documents forming the acts or records of the acts of- (i) the President of the United Republic; (ii)
official bodies and tribunals; and (iii) public officers, whether legislative, judicial or

executive; (b) public records kept in the United Republic of private documents.

2.2.2 Private document

84. All documents other than public documents are private."

2.2 Circumstantial Evidence

This deals with the type of evidence in which the fact in issue may be inferred from a given situation or
occurrence. This kind of evidence is only made applicable when there is the absence of direct evidence.
This assertion has been subject of judicial decision in the case of Udo-debia and others v. The State
[1976] 11 S.C. 133, where the Supreme Court held as follows: Where direct testimony of eye-witness is
not available, the court is permitted to infer from the facts proved, the existence of other facts that may
be logically inferred.And another example of a case involving circumstantial evidence is Arizona v.
Fulminante, in which the Supreme Court considered the admissibility of coerced confessions as
circumstantial evidence.

Testimonial evidence is information provided by a witness who responds to questions from one or both
legal teams under oath. Attorneys from the prosecution and the defense present witnesses, and they
often answer questions from attorneys on both sides. Direct examination occurs when witnesses
respond to questions from the attorney who presented them. Cross-examination occurs when they
respond to questions from the opposing legal.For instance a case involving testimonial evidence is
Crawford v. Washington, in which the Supreme Court addressed the admissibility of hearsay statements
made by a witness who did not testify at trial.

2.5 Hearsay evidence

Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In
most cases judges don't allow hearsay evidence because the attorney for an opposing law team doesn't
have an opportunity to cross-examine the person who provided the information. Some jurisdictions
allow it under certain circumstances. Examples of hearsay that a judge may permit include witness
admissions that don't benefit the witness by sharing them or statements people make shortly before
their expected passing.It provide under section 34 of The Evidence Act provide that
" Statements ,written, electronic or oral, of relevant fact a made by a person who is dead or unknown,or
who cannot be found, summoned owing to his entitlement to diplomatic immunity, privilege or other
similar reason or who can be summoned but refuses voluntarily to appear before the court as a witness
or who has become incapable of giving evidence,or,whose attendence cannot be procured without an
amount of delay or expense which in the circumstance of the case appears to the court to be
unreasonable,are themselves admissable in the following cases..."

2.6 Direct evidence

Direct evidence is a general term for any type of evidence that links a defendant directly to a crime. This
type of evidence is typically easy to understand for a jury. For instance, if a jury watches a video of a
defendant committing a crime it usually requires no further examination or testing to determine its
accuracy. Examples of direct evidence is a recorded confession by the defendant fingerprints on a
weapon used to commit a crime and spy footage of a defendant.This type it provide under section 62(1)
of The Evidence Act Cap 6 it provide that,

"Oral evidence must, in all cases whatever, be direct; ....."

3.0 CONCLUSION

Generally the evidence helps to establish the truth or accuracy of a claim and enables others to evaluate
and make informed judgments or decisions based on the available information.So the

evidence law helps to maintain the integrity of the legal system by ensuring that evidence is obtained
and presented in a lawful and ethical manner. This helps to uphold public trust and confidence in the
legal system.Also evidence it provides a set of rules and guidelines that help to ensure that evidence is
presented and evaluated in a fair and consistent manner, leading to more reliable and just outcomes in
legal cases.

REFERENCE

The Black's Law Dictionary, 5th Edition

The Constitution Of The United Republic of Tanzania of 1977.

The Evidence Act,2011

Hon.Justice P.A Onamade: Documentary Evidence -cases and materials( Philade Co.Ltd:Lagos)2002.

Cross,R and Wilkine,N. An outline of the Law of Evidence 7th Ed Butter worth.London.(1971)

Beynon and Elliott's Statutory Supplement to Cases and Materials on Evidence" by Colin Tapper
Illustrative Trial Workbook by Leonard and Finn

Evidence (Law In A Flash) by Steven L. Emanuel

The Evidence Act,Cap 6