In the defence hearing, Mr. Mtatiro, Counsel for the 1st defendant while cross-examining DW1 referred to a document (Annexure A to the written statement of defence) and the witness wanted to tender the same as evidence in court. On the other hand, Mr. Kibatala Counsel for the plaintiff objected to the tendering of the document arguing that the said document is totally different from annexure “A” of the written statement of defence. He further stated that, the said document was a public document governed by section 85 and 86 of Tanzania Evidence Act [Cap 6 R.E. 2002] which required public documents to be certified by the person to whom it was in his custody.

