accessibility o f the Clubhouse social audio platform. It is further stated that it is Clubhouse Developer who can clarify the state o f availability and accessibility o f the Clubhouse in Tanzania. Noticing the general denial by the 2nd Respondent, the Petitioner submitted that it is dawn upon the Court to disentangle the factual question as to whether the Second Respondent is responsible or not for the complained restrictions. It was his view that it will be resolved based on the following: a) Credibility of the evidence and testimony of the parties' witnesses, that is Paul Kisabo for the Petitioner, Dr. Philip Haule Filikunjombe, for Respondents and; b) The burden of proof and evidence of existing restrictions. Regrettably, we differ with the Petitioner's view that his allegations can be said to have been proved on the balance of probability (as required by Paulo Dickson Sanga's case (supra) merely because the Respondents' responses were evasive or on the basis that Dr Philip Haule Filikunjombe has lied in his affidavit that the Government does not use the Clubhouse for official communications to the public. The latter issue is false because we held that the government is using the Clubhouse, but it is not conclusive that the same is an Official Communication platform. Therefore, there is no lie in the averment. Even if it would have been a lie that would have been perjury, an offence under the Penal Code [Cap. 16 R.E. 2022] but it would not have operated as proof of the Petitioner's claims. The issue of lies in testimony and credibility of a witness is elaborated herein below. The credibility of the testimony of Dr Philip Haule Filikunjombe, the Respondents' sole witness is another point that attracted the attention of the Court. Mr Seka for the Petitioner submitted that this case was not tried orally and as such the court lacks the advantage of looking at the demeanour of the witnesses. Ms. Mdendemi, State Attorney rejected this submission arguing that it is an afterthought. However, notwithstanding the absence of evaluating the 16