With the aid of legal provision and case law describe the law relating to admissions in Tanzania.

PRELIMINARY

Section 19 of The Evidence Act[1] defines admission as a statement oral, electronic or documentary, which suggests any inference as to a fact in issue or a relevant fact. Admissions are statements of fact, which waive or dispense with the production of evidence by conceding that the fact asserted by the opponent is true. Admissions are always against the interest of the maker and they’re capable of incriminating him. It is likely to confuse between confession and admission because they actually mean a same thing which happens in two different types of cases, admission is conceding to statements or facts made by opponent both in civil and criminal cases, while confession is a plea of guilty in criminal cases. Admissions may be made through court pleadings and proceedings in general. A party may admit to the breach of contract by making a statement in his pleadings conceding to that particular breach of contract while in hearing, a party may orally admit to statements or facts asserted against him.

The Evidence Act[2] allows limited number of people who may make admissions concerning a particular statement or fact brought against them by opponent party in a suit as provided under section 20(1), (2), (3). The statements made by following people are regarded as admissions if they are made for that purpose; - one, the statements made by original party to a suit, or by an agent to any such party are admissions, two, statements made by parties to a suit, suing or sued in representative suits while a statement maker holds a representative character, three, statements made by a person who have proprietary or pecuniary interests in the subject matter of the suit, and who make statements in their character of a person so interested. Four, statements by a person to whom parties derived their interests in the subject matter of the suit, are admissions if they are made during the continuation of the interest of the persons making the statements.

Section 22 provides more on who may make admissions as to facts in issue or relevant facts in a suit. A person who is expressly referred to by a party to a suit seeking particular information may make acceptable admission basing on the information so referred by a party. Mere third parties are not legally recognized as party to a suit hence they cannot make any statement constituting admission. Third parties may make admissions if they’re called as witnesses to testify facts or issues basing on their knowledge concerning a cause of action.[3]

PROOF OF ADMISSION

As per section 23 of T.E.A, admissions are relevant and may be proved as against a person who made them or their representative in interest, but they cannot be proved by or on behalf of the person who makes it or his representative in interests. i.e “A” is accused of murder by stabbing a deceased with a knife, A cannot prove a statement made by himself to the fact that he was of unsound mind, but B can prove a statement made by A to the effect that he saw an accused intentional stabbing a deceased repeatedly. There is an exception to general rule stated under section 23 above that, admission may be proved by or on behalf of the person who makes it or his representative in interests if a person who made them cannot be called as a witness or dead as provided under section 34.

 Also, admission can be proved by or on behalf of the person making it, when it consists of any statement explaining existence of any state of mind or body, relevant or in issue, made at a time when such state of mind or body existed and accompanied by conduct rendering its falsehood improbable. i.e “A” is accused of having counter money, he may proof that he asked a skilled person to examine the money, and that the person told him that it was genuine. This will show that he had no guilty mind or intention to commit offence.

ORAL ADMISSION AS TO CONTENT OF A DOCUMENT

As per section 24 of T.E.A, oral admission as to contents of a document are not relevant unless the one tending it shows to be legally entitled to produce secondary evidence. Where a party has made admission as to contents of a document, an adverse party must prove that he is entitled to produce secondary evidence of the contents of a document as provided under section 67 of TEA. Secondary evidence may be given of the existence, conditions, or contents of the document when the original appears to be in powers or control of a person against whom the document is sought to be proved or under control of a person out of reach or who cannot be called before court or a person legally bound to produce it. In admitting contents of the document, section 67 applies mutatis mutandis.

ADMISSION MADE WITHOUT PREJUDICE

As per section 25, admissions are irrelevant if are made upon an express condition agreed between parties that, a particular admission will not form part of evidence and the court will not rely on it on making decisions.  Advocates enters into automatic non-disclosure agreement with their clients, but they may be compelled to disclose some information as court think fit as provided under section 137 of TEA. Admission is not a conclusive proof but it may estop a party made it to deny his/her previous statements as per section 26. The basic rule of estoppel is that, if a person by representation or conduct, induces another to change his position on the faith of it, then he cannot afterwards deny the truth of representation. Admission is not regarded as conclusive evidence because further evidence may be adduced in contradiction of the admission.

ADMISSION AS PER CIVIL PROCEDURE CODE

Admission is also covered in Civil Procedure Code[4] Order XII Rule 1-7. Rule 1 provides that, any party to a suit may give notice to another party in pleadings or otherwise in writing that he admits the truth of the whole or any part of the case. A party in a suit may call any party to admit the truth of document or pay costs which will be used to prove the document by the party neglected to admit the said document as provided under rule 2. As per rule 3, any party in a suit may, call any other party in a suit and admit facts, nine days before the day of hearing. Rule 4 of Order XII provides on judgement on admission.

As per Rule 4, any party in a suit may, at any time when an opposite party admit a particular fact, applies for order or judgment to be made by court on that particular admission so as a party applying may benefit the orders before determination of the main suit. In Kamaka Co. Ltd v. Prime II Co. Ltd[5], a plaintiff sued the defendant for payment of Tshs.140,847,620/= being outstanding money for the supply of building materials to the defendant on credit basis, denied all of the claims by filing a written statement of defense save for claim of Tshs.40,000,000/= which during hearing, a plaintiff moved the court under order XII Rule 4 to award remedies on admission by a defendant which the court of law agreed and remedied as sought.

In Matuli Farm Muzomo Services Ltd vs. Ushirika wa Wafuga Kuku Morogoro[6], on 13^th September,2021, the respondent instituted a civil matter claiming from the appellant a payment of Tshs. 65,600,800/= claimed as due balance for the performance of the contract for the supply of broiler chickens. Payments were to be affected after every delivery. The respondent claimed to have supplied and delivered the broiler chickens worth the above amount but the appellant failed to effect payment as per terms of the contract. The parties held several meetings but the appellant failed to heed to his promise. Respondent therefore filed the civil suit praying among other reliefs, the recovery of the due amount. Written Statement of the Defense (WSD), lodged by the appellant was disputed by the respondent for contravening the provisions of Order VIII Rule 3 of the CPC which prompted the respondent’s counsel to pray for the judgment on admission under Order XII Rule 4 read together with Order VIII Rule3, 4 & 5 of (CPC) arguing that the appellant's WSD contained evasive denials of the alleged claims on the Plaint. The court ordered payment basing on admission by failure to dispute some facts in plaint.

CONCLUSION

Admission is a general term which explains acceptance of the facts or conceding to the statements made by an opponent in a suit which always intends to incriminate a statement maker. In civil suits, failure to dispute a fact in pleadings is as good as admitting to the truth of that particular fact hence an opposite party may use that loop to move the court to make order or judgment basing on that particular admission before determination of the main suit as evidenced by the above two suits.

 

 

REFERENCE

STATUTES

The Evidence Act [CAP 6 R: E 2019] s.19

Civil Procedure Code [CAP 33 R: E 2022] Order XII Rule 1-7

CASE LAWS

Kamaka Co. Ltd v. Prime II Co. Ltd, Civil Case No. 45 of 2017

Matuli Farm Muzomo Services Ltd vs. Ushirika wa Wafuga Kuku Morogoro (UWAFUKUMO) (Civil Appeal 14 of 2022) [2022] TZHC 13645 (05 October 2022)

OTHER

Yesaya. J, “admission and confession”, available at https://www.tanzanianweb.co.tz/2020/12/admission-and-confessions-law-of.html (accessed December 13, 2022).

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[1] The Evidence Act [CAP 6 R: E 2019] s.19

[2] Ibid

[3] Yesaya. J, “admission and confession”, available at https://www.tanzanianweb.co.tz/2020/12/admission-and-confessions-law-of.html (accessed December 13, 2022).

[4] Civil Procedure Code [CAP 33 R: E 2022] Order XII Rule 1-7

[5] Kamaka Co. Ltd v. Prime II Co. Ltd, Civil Case No. 45 of 2017

[6] Matuli Farm Muzomo Services Ltd vs. Ushirika wa Wafuga Kuku Morogoro (UWAFUKUMO) (Civil Appeal 14 of 2022) [2022] TZHC 13645 (05 October 2022)