FACULTY : FBIS

PROGRAMME : LL.B 2nd

YEAR

COURSE NAME : LAW OF EVIDENCE II

NAME OF THE INSTRUCTOR : ADV. D. HEKWE

TASK : INDIVIDUAL ASSIGNMENT

SUBMISSION DATE :APRIL 22nd, 2024.

STUDENT NAME :RAPHAEL TITUS UGGI,

REGISTRATION NUMBER :MoCU/LLB/1809/2022

 1. INTRODUCTION
1.1 Admission
Admission. Refers to a statement made by a party to a legal proceeding
acknowledging facts in issue or allegations made by the opposing party, and can be
made during pleadings, testimony as to response of interogation or during
settlement of negotiaons1. Admisssion can be oral,electronic or documentary and the
statement may either be a denial or admission of the fact and it may be addresed by
anyone2. As in general rule of admission, admissions may be provrd as against those
who made them and not in there favornas explained in the Sarkar Law of evidence
book3.
1.2 Ways of making admission
Admission can be made either Orally during court hearing or witness testimony or
written statement as explained in the case of michael mascarenhas v John
mascarenhas of 1996 where by an affidavit declaration used as the admission 4, as
well in Responses as to interegotions and in defferent settlement negotiations.
2. UNDERLINED RULES FOR ADMISSION AS BEST EVIDENCE
2.1 Introduction
Since admission are meant to be used in court as the best evidence though are not
conclusive proof but they can be used to prove as against those who made them
and not in there favor. The courts consider some of rules for the admission to be
used as best evidence in the issue of trial either civil or criminal. The following are
some of underlined rules for the admission as best evidence:-
2.2 Voluntariness
This is the legal principle that requires admissions mmade by a party to be voluntary
and not coerced or obtained through improper means. In the context of legal
proceedings including criminal trials, civil litigation admission must be made freely
and without undue influence,pressure or manipulation. when an admission is
deemed to be involutary,it may be excluded as evidence in court proceedings due to
concerns about fairness,reliability and the protection of individuals right. involuntary
admission can violate constitutional rights as to Article 13(6), (a)& (e) which is about
equality before the law5

1 Law of evidence by mshana

2 section 19 of the Evidence Act

3 Pg 662 Sarkar Law of evidence

4 Pg 664 Sarkar law of evidence

5 Article 13(6),(a)&(e)of The Constitution of the United Republic of Tanzania

2.3 The rule of specificity
This rule emphasize the importance of clarity and precision while making the
admission so as to ensure the rights,obligations and assertion are clearly defined
and understood, when presenting arguments in court,it is cricial to be specific rather
than vague since may helps to prevent ambiguity,confussion and misinterpretation
and it allows for clear understanding of the issues at hand. Specific language can
also help in effectively proving or disapproving of facts, establishing facts and
supporting them during trial, so by this rule of specificity in admission it is essential
for promoting clarity , fairness and the proper administration of justice 6.
2.4 The rule of facts basis in personal knowledge
Admission made by individuals should be based on facts within their personal
knowledge, individuals are generally expected to provide information that are
grounded in firsthand knowledge, this is to say that individuals are expected to tesfy
about facts that they have directly perceived or experinced.
Sometimes admissions are refered as the exemption to hearsay rule since the third
party allowed to tesfiy against the interest and therefore become probably true 7.
2.5 The rule for admission to be taken as whole and not in part
This rule is based on the idea that admissions should be understood in context and
that cherry-picking only certain parts of an admission may distort the true intent
behind the statement. The principle emphasize the importance of considering
admission in their entirety rather than selectively focusing on specific parts or
aspects of admission. By examining admissions as a whole, courts aim to ensure a
fair and complete assesment of the evidence presented and to avoid
misinterpretation of the parts position.
Through considering the admission in their entirety , courts can make more informed
decisions,uphold the principle of fairness and justice and facilitate the resolution of
legal disputes based on a complete and accurate understanding of the facts
presented. on the requirement for the admission of the whole statement sarkar said,
“The first important rule with regard to admissions is the whole statement
containing the admission must be taken together……….” 8

Generally these underlined rules are made for the purpose of facilitating the fairness
in admissions in both civil and criminal proceedings.

3. WHO MAKE ADMISSIONS

6 Pg 663 of Sarkar law of evidence

7 Pg 665 of Sarkar law of evidence

8 pg 669 of Sarkar law of evidence

3.1 INTRODUCTION
Through referring the Evidence act section 20 give us those who can make
admission as well as in the book of Sarkar Law of evidence give a list of person’s
who can make admission to the court procedings as below,
“Admission should be by a party to the proceedings or his agent or by suitor in
representative character or by party interested in subject matter or from whom
interest derived . Only then admissions are relevant …” 9.
3.2 Admission by a party to a proceedings
Admission can be made by a party involved in a legal case whether it is civil lawsuit
or criminal case, can make an admission regarding facts or allegations relevant to
the case. For example in civil lawsuit admission can occour when a defendant may
admit to owing a certain amount of money to the plaintiff, An in Criminal case an
accused person may admitt or denied to commiting a specific offence. Admission if
clearly made and unequivocally is the best evidence though is not a conclusive
proof10.
3.3 Admission by Agent
As given per Evidence act an agent can made admission 11. When an agent makes an
admission on behalf of their principal it may lead some legal implications for the
principal. This is generally treated as if the principal themselves had made the
admission. This is based on the concept of agency law which holds the pricipal
responsible for the acts and statements made in the course of the agency
relationship.
3.4 Admission by suitor in representative character
Statements made by person in representative character is guided under evidence act
where by the admission is admissible only when at the time of making admission the
party held that character12,when a suitor makes an admission in a representative
capacity, they are acting as the legal representative of the entity they represent, and
their statement are treated as if they were made by the entity itself. This principle
applies in civil lawsuits or other legal matters where representation is involved.

3.5 Admission by party interested in subject matter.

Statements made by persons who have any proprietary or percuniary interest in the

9 Pg 664 of Sarkar law of evidence

10 Pg 662 Sarkar law of evidence

11 Section 20(1) of the Evidence act

12 Section 20(2) of the Evidence act

subject matter of the proceeding are admission if they are made during the
continuance of the interest of the person making the statement 13, admission by
parties interested in the subject matter are considered to be voluntary statements by
the parties themselves regarding the facts of the case. These admission can help to
clarify issues in dispute, narrow the scope of the legal proceedings and potentially
lead to a faster resolution of the case.

3.6 Admission from whom interest derived.

The party making the admission is not directly involved or affected by the facts or
allegations themselves but is acknowledging them based on information received in
related party, For example,
“ if A receives information from B that is relevant to a legal case, and A
acknowledges or admitts to the truth of that information in court, so A would be
making an admission based on the interest derived from B.”
Persons from whom the parties to the suit have derived their interest in the subject
matter of the suit are admission if they are made during the continuiance of the
interest of the person making the statements14.

4. RELEVANCY OF ADMISSION IN CIVIL PROCEEDINGS

4.1 INTRODUCTION
Admissions play a crucial role in civil proceeding due to their relevance in
establishing facts,simplifying the case and potentially influencing the outcome of the
litigation. In civil proceedings admission can be made in various ways ,including oral
statements in court, written statements or through conduct. The relevancy of
admission in civil proceedings can be seen in several key aspects as follows:-
4.2 Establishment of facts
Admission help in establishing certain facts that are not in dispute between the
parties. When a party admits to certain facts, those facts are considered established
without the need for further proof. This help the proceedings by focusing on the
contested issues.

4.3 Evidentiary value

Admission in civil cases can serve as powerful evidence in civil proceedings, When a
part admits to a facts, that admission is generally admissible as evidence and can be

13 Section 20(3),(a) of the evidence act

14 section 20(3),(b) of the evidence act

used to support the other party claims or defence, this is well evaluated by sarkar as
below,
“Once a party accepts his earlier statements it becomes a substantive piece of
evidence of the facts admitted therein..” 15.
4.4 Shifting the burdern of proof
In civil proceedings,admission can be higly relevant in shifting the burden of proof
from one party to another. When a party makes an admission, they are essentially
conceading to a particular fact or issue which can have a significant implications for
the burden of proof in civil proceedings, this means that the party who made the
admission is no longer required to prove those specific facts because they are
accepted as true based on the admission.
By shifting the burden of proof, parties can concetrate on proving the disputed
elements of their case rather than spending time and resources on proving the facts
which are arleady admitted16
4.5 Exclusion of relevant admission of parties in civil cases
According to the Evidence act section 25 exclude the admission of parties in civil
cases under two conditions;
Where the admission is made upon an express condition that evidence of it is not to
be given. When parties have agreed with that condition then the admission
thereafter would not be relevant17.
Under circumstances from which the court infers that the parties agreed that
evidence of the admission should not be given. Under this exemption when court
infers by one way or another that the parties have agreed in their conditions that the
certain admision should not be given, then in case that admission given before the
court would not be relevant18

5. GROUNDS FOR ADMISIBILITY OF ADMISSIONS

5.1 INTRODUCTION
The admisibility of admissions refers to whether a statement or declaration made by
15 pg 664 sarkar law of evidence

16 https:/www.advocatekhoj.com/adv/index.php

17 section 25(1) of the evidence act

18 section 25(1) of the evidence act

person for the purpose of acknowledging or alleging the certain facts is allowed to
be presented as evidence before the court. Admissions in civil cases can be crucial
pieces of evidence as said by sarkar since once admitts the certain facts they
becomes the pieces of evidences which may not alleging thereafter. The following
are some grounds for admissibilibityof admissions:-
5.2 Admission should be against interest
The statements by person may be received in the court as to the ground of against
the interest19,this is typically admissible because they are considered as the
statements against the part’s own interest. courts often view admissions as reliable
evidence because parties are unlikely to make statements that are detrimental to
their case unless their true.
5.3 Admission should be against the maker
Admisibility of the admission also goes with the ground that it should always be
against the person make the admission 20, also in order for that admission to be
received as against the maker it shall be made voluntary and without coercion.
5.4 Admission as to Part’s declaration
The last ground for admissibility of admission is part’s declaration whether for or
against his interest when made, may also be taken to be true as against the
maker21, this is to say that a party makes a statement for acknowledging or
opposing the truth of the fact which can be used as the evidence against the
himself. Admission fall under this ground are generally admissible as evidence
against that party.

6. ADMISSION AS AN EXCEPTION TO HEARSAY RULE

6.1 INTRODUCTION
Hearsay evidence are statement by a person not called as a witness offered in

19 pg 667 of sarkar law of evidence

20 ibid

21 ibid
evidence to prove or disaprove the truth of the facts in statements 22. Hearsay is a
judicial term which can not be found in evidence act were by in most cases it used
by magistrates and judges, Hearsay statement has no evidential value and the court
may discredit the hearsay evidence.
6.2 Admission as exception.
When it comes to admission are termed as the exception to hearsay rule as it
explained by Sarkar in his book of the Law of evidence as below;
“Admissions are not however open to all the objections applicable to
hearsay testimony. It is true that they are unsworn statements made out of court
like hearsay testimony, but they are statements not of third persons but of a party
to the proceeding and for the reason stated about what a party said against his
interest may be presumed to be true.” 23.
So by that matter sarkar try to explain that admission got the exception since the
admission are the statement of the parties of the proceeding and not by third part as
well as that statement is made against the maker that’s why its got an evidential
value.
Though in some cases the admission may contain same character as the hearsay
and the general rule of hearsay stated that “statements by person not called as
witness has no evidential value…” sarkar said, if that admission tendered against the
maker can clearly have a little weight unless or untill has been collaborated with
further admissions24.

7. EFFECTS OF ADMISSION AND WEIGHT TO BE GIVEN TO THEM

7.1 INTRODUCTION
In the realm of leagal proceedings , the power of an admission cannot be
understated. When a party to a case acknowledges to a fact in issue or relevant fact
22 Black’s law dictionary

23 Pg 666 Sarkar law of evidence

24 Pg 674 sarkar law of evidence act

to the dispute at hand, the effects ripple through the proceedings, shapping the
course of evidence presentation and influencing the weight attributed to such
admissions, The following are some of effects of admissions and the weight to be
given to a particular effect;-
7.2 Furnishing of the best evidence.
Admission can served in court as the best evidence unless and untill is made
voluntary and without coercion25, this is due to the fact that the statement is against
the maker always and it is against the interest of the maker and leave the burden of
proof to the opposing party to argue for or against the statement.
The weight to this effect is depending on the circumstance of the case and the
nature of the admission, if the admission is of acknowledging the fact in issue
against the maker then it is a strong evidence.
7.3 Binding the maker of statement.
Admissions are viewed as the statements against one’s own interest and the one
who made that statement, courts typically give significant weight to admissions
when assesing the facts of the case, admission by person if sufficiently explained
and unsuccsessfull withdrawn may bind the maker of statement since it’s against
him.26
The weight to this effect depends on when the statement is sufficiently explained
and if it’s unsuccsessfull withdrawn only then can become a strong evidence.
7.4 Shifting the burden of proof.
Admission can be higly relevant in shifting the burden of proof from one party to
another. When a party makes an admission, they are essentially conceading to a
particular fact or issue which can have a significant implications for the burden of
proof in civil proceedings, this means that the party who made the admission is no
longer required to prove those specific facts because they are accepted as true
based on the admission.By shifting the burden of proof, parties can concetrate on
proving the disputed elements of their case rather than spending time and resources
on proving the facts which are arleady admitted.27
8. ADMISSION IN PARTICULAR CIRCUMSTANCE.
8.1 INTRODUCTION
In circumstances when a party who is supposedd to give an admission is
deceased,there are several ways in which there statements or admissions can still be
considered as evidence in legal proceedings.
25 ibid

26 ibid

27 Pg 676 of Sarkar the law of Evidence

As well when a party who is supposed to give an admission becomes of unsound
mind, meaning they are mentally incapacitated and are unable to comprehend the
nature of their statements.
The court underlined some rules that come into play regarding the admissibility of
their statements, as it is well evaluated by sarkar in lwa of evidence that;
“statements by person who are dead or otherwise incapacitated from being called as
the witness are admitted in the cases with the reason that under expectation on
there is no better evidence is to be had”28
8.2 Admission in circumstance of death.
In Evidence act permit the third person to give evidence on the behalf of the dead
person who is the maker of particular statements as clarified in section 34 of the
act29. So under the section 34 it give us some grounds that made a particular
admission to become admissible;
8.2.1 The death of that person must be the issue in case.
The statement which may become admissible are those which the death of the
maker come into question whether the person who made them was or was not at
the time when they were made under expectation of death or the statements are
made by the person as to the cause of his death30.
8.2.2 The statements in ordinary course of the bussiness.
The statements which are made by such person under the ordinary course of
bussiness and in circumstance the maker is deceased the relative, representative or
agent or other legal officer may admitt that statement and become admissible as
given in evidence act31.

8.3 Admission in circumstance of unsound mind

Under section 34 of the evidence act give an exception of the statements for person
who has become incapable of giving evidence and this is either by mental
incapacitated or other similar reason,which may be received before the court if they
met some of grounds mentioned there after.
8.3.1 Statements which are against the interest of the maker.

28 pg 663 Sarkar law of evidence

29 Section 23(b) of The Evidence Act

30 Section 34(a) of The Evidence Act

31 Section 34(b) of The Evidence Act

When that statement made by person whonhas become mental incapacity, if the
staatements is against percuniary or proprietary interest of the maker and if true
may expose him to a criminal prosecution or suit for damages then that admission
may become admissible32.
8.3.2 Statements which are contained in deed or other documents which
relates to such trensaction.
As well when the statements of the maker who has become mental incapacity may
found on the deed or other documents which relates to such transaction by which
the right in question was claimed the that statement may be admissible in the
court33.

9. CONCLUSION
Through the lens of admissibility, courts are tasked with weighing the credibility,
relevance, and reliability of admissions to uncover the truth and render equitable
decisions. Whether through prior statements, testimonies of witnesses, written
documents, or expert evaluations of mental capacity, the admissibility of statements
from living, deceased, or unsound minds underscores the intricate dance between
law and human experience.
In the tapestry of legal discourse, admissions serve as threads that weave together
the fabric of truth, accountability, and the pursuit of a just resolution. It is through
the careful consideration of admissions that courts illuminate the path to justice,
ensuring that the rights of all parties are safeguarded, the facts are laid bare, and
the rule of law stands as a beacon of fairness and integrity in the quest for a just
society.

10. REFERENCE
l BOOKS
- SARKAR LAW OF EVIDENCE
- MSHANA LAW OF EVIDENCE (2)
- BLACK’S LAW DICTIONARY

32 section 34(c ) of the evidence act

33 Section 34(g) & Section 15(a) of the evidence act

l STATUTE
- THE EVIDENCE ACT CAP 6 R.E 2022
- THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA CAP 2

l INTERNET SOURECE
- https:/www.advocatekhoj.com/adv/index.php