edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 156 20 september 2007

edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 156 20 september 2007

Documents filed by an advocate without a valid practicing certificate are of no legal effect and render the appeal incompetent; further, leave to appeal was required and not obtained, making the appeal incompetent on that ground as well.

Citation
edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 156 20 september 2007
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 with costs
Legal Topics
Validity of Court Documents Filed by Unqualified Advocates, Requirement of Leave to Appeal in Election Petitions, Jurisdictional Defects in Appellate Procedure
Source Language
English
Electoral Law Civil Procedure Legal Profession Regulation Validity of Court Documents Filed by Unqualified Advocates Requirement of Leave to Appeal in Election Petitions Jurisdictional Defects in Appellate Procedure

Case Brief

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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. 1 Whether documents filed by an advocate without a valid practicing certificate are legally valid
  2. 2 Whether leave to appeal was required under Article 83(4) of the Constitution and section 5(1)(c) of the Appellate Jurisdiction Act, 1979
  3. 3 Whether lodging the Notice of Appeal at the Sub-registry instead of the District Registry invalidates the appeal

Ratio Decidendi

Documents filed by an advocate without a valid practicing certificate are of no legal effect and render the appeal incompetent; further, leave to appeal was required and not obtained, making the appeal incompetent on that ground as well.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out with costs.