Description
Res judicata – notice of appeal – tenth line – re-evaluation of evidence on first appeal – smuggling contraband goods – hearsay – balance of probabilities.
- Former appeal dismissed but was not heard on merits – subsequent appeal not res judicata.
- An appeal whose records do not indicate the tenth line is not defective.
- On first appeal from the decision of the trial High Court, the Court of Appeal is entitled to re-appraise the whole evidence and come to its own findings – re evaluation of evidence by the appellate court.
- Respondent claimed that the appellant smuggled contraband goods from Tanzania to Burundi through the respondent’s aircraft – The trial court did not evaluate evidence showing that the respondent complied with customs laws.
- Affidavit evidence – hearsay contents – trial court did not verify veracity of those contents.
- Failure to evaluate all the evidence means that the trial court has not on a balance of probabilities reached a balanced decision.
