national bank of commerce ltd vs nabro limited another 2002 tzhccomd 1 4 december 2002

national bank of commerce ltd vs nabro limited another 2002 tzhccomd 1 4 december 2002

Where an advocate has previously acted for a party in relation to a matter, he should not subsequently act for the opposing party in litigation on the same subject matter, as this undermines the principle of confidentiality and public confidence in the legal profession, regardless of whether actual prejudice or disclosure of confidential information is proven.

Citation
national bank of commerce ltd vs nabro limited another 2002 tzhccomd 1 4 december 2002
Parties
Applicant/plaintiff: National Bank of Commerce Ltd; 1st Respondent/defendant: Nabro Limited; 2nd Respondent/defendant: Meeda Reuben Naburi
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 December 2002
Procedural Posture
Commercial Case / Interlocutory Application (ruling on Advocate's Conflict of Interest)
Outcome
application allowed
Legal Topics
Conflict of Interest, Advocate/client Relationship, Confidentiality, Professional Conduct, Debt Collection
Source Language
English
Legal Profession Civil Procedure Banking Law Conflict of Interest Advocate/client Relationship Confidentiality Professional Conduct Debt Collection

Case Brief

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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 on Advocate's Conflict of Interest)

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 on the same subject matter

Ratio Decidendi

Where an advocate has previously acted for a party in relation to a matter, he should not subsequently act for the opposing party in litigation on the same subject matter, as this undermines the principle of confidentiality and public confidence in the legal profession, regardless of whether actual prejudice or disclosure of confidential information is proven.

Court Disposition

application allowed

Orders

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