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Case Law[2019] TZCA 386Tanzania

City Coffee Ltd vs The Registered Trustee of Ilolo Coffee Group (Criminal Appeal No. 94 of 2018) [2019] TZCA 386 (1 November 2019)

Court of Appeal of Tanzania

Judgment

City Coffee Ltd vs The Registered Trustee of Ilolo Coffee Group (Criminal Appeal No. 94 of 2018) [2019] TZCA 386 (1 November 2019)

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City Coffee Ltd vs The Registered Trustee of Ilolo Coffee Group (Criminal Appeal No. 94 of 2018) [2019] TZCA 386 (1 November 2019)

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Citation City Coffee Ltd vs The Registered Trustee of Ilolo Coffee Group (Criminal Appeal No. 94 of 2018) [2019] TZCA 386 (1 November 2019) Copy Media Neutral Citation [2019] TZCA 386 Copy Hearing date 23 October 2019 Court Court of Appeal of Tanzania Court registry Court of Appeal Mbeya Registry Case number Criminal Appeal No. 94 of 2018 Judges Mwambegele, J.A., Mziray, J.A., Mkuye, J.A. Judgment date 1 November 2019 Language English

Summary

Warehouse receipts proved delivery; forgery must be pleaded and proved, and adverse inference may follow non‑production of key witness.

Flynote
  • Commercial law — Warehouse receipts regime — Admissibility and evidential weight as proof of delivery under the Warehouse Receipts Act
  • Evidence
    • — Adverse inference — Failure to call relevant witness permits an adverse inference
    • — allegations of fraud/forgery — Requirement to specifically plead and prove fraud to a higher standard than ordinary civil claims

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