20021904 TZHC Dar es Salaam

20021904 TZHC Dar es Salaam

An advocate who has previously acted for a party in a matter should not subsequently act against that party in the same or related matter, regardless of whether confidential information is actually shown to be at risk, in order to preserve the integrity of the advocate/client relationship and public confidence in the legal profession.

Citation
20021904 TZHC Dar es Salaam
Parties
Applicant/plaintiff: National Bank of Commerce Ltd.; 1st Respondent/defendant: Nabro Limited; 2nd Respondent/defendant: Meeda Reuben Naburi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Commercial Case / Interlocutory Application/ruling
Outcome
application allowed
Legal Topics
Conflict of Interest, Advocate/client Relationship, Confidentiality, Right to Counsel of Choice
Source Language
English
Professional Conduct Civil Procedure Banking Law Conflict of Interest Advocate/client Relationship Confidentiality Right to Counsel of Choice

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Parties

National Bank of Commerce Ltd.

Applicant/plaintiff

Nabro Limited

1st Respondent/defendant

Meeda Reuben Naburi

2nd Respondent/defendant

Procedural Posture

Commercial Case / Interlocutory Application/ruling

Legal Issues

  1. 1 Whether an advocate who previously acted for a party in a debt collection matter can subsequently act for the opposing party in litigation concerning the same subject matter.

Ratio Decidendi

An advocate who has previously acted for a party in a matter should not subsequently act against that party in the same or related matter, regardless of whether confidential information is actually shown to be at risk, in order to preserve the integrity of the advocate/client relationship and public confidence in the legal profession.

Court Disposition

application allowed

Orders

  • Mr. Kalunga is ordered to withdraw from representing the defendants in this matter.
  • Defendants are at liberty to engage another advocate.