The conditions for the admissibility of dying declaration in Tanzania

A dying declaration, as per Section 34(a) of the Evidence Act, refers to a statement made by a person who has died, and the statement relates to the cause of their death. For such a statement to be admissible as evidence in Tanzania, it must meet certain conditions as follows:

i. The person who made the statement must be deceased. If the person survives and does not die, the statement is not considered a dying declaration and is inadmissible as such.

ii. The statement must pertain to the cause of the person's death and the circumstances surrounding the incident or transaction that led to their demise.

iii. The cause of death of the individual making the statement must be a relevant issue in the ongoing legal case. The statement's admissibility is typically linked to its significance in establishing the facts of the case.