20070920 TZCA Dar es Salaam 1
Documents filed by an unqualified advocate are invalid and of no legal effect; the appeal was incompetent for lack of leave to appeal and for being based on documents filed by an unqualified person.
- Citation
- 20070920 TZCA Dar es Salaam 1
- Parties
- Appellant: Edson Osward Mbogoro; 1st Respondent: Dr. Emmanuel John Nchimbi; 2nd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2007
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objections
- Outcome
- appeal struck out
- Legal Topics
- Effect of Unqualified Advocate Filing Court Documents, Requirement of Leave to Appeal in Election Petitions, Procedural Compliance for Lodging Notice of Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edson Osward Mbogoro
Appellant
Dr. Emmanuel John Nchimbi
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Legal Issues
- 1 Whether documents filed by an unqualified advocate are legally valid
- 2 Whether leave to appeal was required under Article 83(4) of the Constitution and section 5(1)(c) of the Appellate Jurisdiction Act
- 3 Whether lodging the notice of appeal at the Sub-Registry instead of the High Court Registrar rendered the appeal incompetent
Ratio Decidendi
Documents filed by an unqualified advocate are invalid and of no legal effect; the appeal was incompetent for lack of leave to appeal and for being based on documents filed by an unqualified person.
Court Disposition
appeal struck out
Orders
- The appeal is struck out with costs.
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