KCB Bank Tanzania Ltd versus Sunlon General Building Contractors Ltd and 2 Others; Commercial Case No. 73 of 2013: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Commercial Court Rules – written closing submissions exceeds 10 pages- Effect.
- Evidence
- Documentary evidence – failure to tender a material document without reason – effect.
Held:-
(i) Rule 19 of the Commercial Court Rules makes it mandatory that written closing submissions should not exceed 10 pages and any contravention of the rule leads to rejection of such document. (Cited Ernest Nduta Nyororo v. NBC & Another, Commercial Case No 1 of 2015 (Unreported).
(ii) It is now a trite principle in the law of evidence that an adverse inference will be drawn against a party who fails to tender a material document or procure a material witness within his reach.