In the recent appeal case of Joyce Milembe Aenda v. Pius Aenda Ocharo (Matrimonial Appeal No. 15147 of 2025), the High Court introduced a significant legal ratio decidendi regarding the admissibility of electronic evidence in Primary Courts.

Background of the Case

The parties contracted a Christian marriage on 2nd February 1983. Persistent conflicts led to their separation in 2009. In 2024, the Respondent petitioned for divorce at Kayanga Primary Court. The Court granted a decree of divorce and ordered division of matrimonial assets. Dissatisfied, the Appellant appealed to the District Court, which upheld the dissolution of the marriage but adjusted asset distribution. Still dissatisfied, the Appellant appealed to the High Court, where one of the key issues was whether the alleged lack of jurisdiction regarding electronic evidence vitiated the proceedings.

Decision of the Court

In addressing the issue, the Court examined the laws governing admissibility of evidence in Primary Courts, namely:

• The Magistrates’ Courts (Rules of Evidence in Primary Court) Regulations, GN No. 22 of 1964
• The Evidence Act, Cap. 6 R.E. 2023
• The Electronic Transactions Act, Cap. 442 R.E. 2023

The Court noted that the Evidence Act does not apply to Primary Courts. However, it analyzed the Electronic Transactions Act, which regulates electronic transactions and the admissibility of electronic evidence, incorporating Section 70(2) of the Evidence Act. Importantly, the Court observed that the Electronic Transactions Act does not define “Court” in a way that excludes Primary Courts.

Accordingly, the High Court held that the Electronic Transactions Act, being the general law governing electronic evidence, applies to Primary Courts. Therefore, electronic evidence is admissible in Primary Court proceedings.

Significance

This ruling clarifies the legal position on electronic evidence in Tanzania’s Primary Courts. It bridges the gap between traditional evidentiary rules and modern technological realities, ensuring that electronic evidence can be relied upon even at the lowest tier of the judicial system. The decision strengthens consistency in the application of law and enhances access to justice in an increasingly digital society.