fatma amani karume vs attorney general and another 2021 tzhc 3679 21 june 2021

fatma amani karume vs attorney general and another 2021 tzhc 3679 21 june 2021

The Advocates Committee lacked jurisdiction to entertain the complaint as it was initiated contrary to the specific direction of the High Court, which required the Registrar to transmit the complaint. The proceedings were incompetent and must be struck out.

Source-derived case information.

Citation
fatma amani karume vs attorney general and another 2021 tzhc 3679 21 june 2021
Parties
Appellant: Fatma Amani Karume; 1st Respondent: The Attorney General; 2nd Respondent: Advocates Committee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Advocate Misconduct, Disciplinary Procedure, Jurisdiction, Court Orders
Source Language
english
Professional Discipline Administrative Law Advocate Misconduct Disciplinary Procedure Jurisdiction Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fatma Amani Karume

Appellant

The Attorney General

1st Respondent

Advocates Committee

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the Advocates Committee had jurisdiction to entertain a complaint initiated contrary to a specific High Court order
  2. 2 Whether the disciplinary proceedings were validly instituted

Ratio Decidendi

The Advocates Committee lacked jurisdiction to entertain the complaint as it was initiated contrary to the specific direction of the High Court, which required the Registrar to transmit the complaint. The proceedings were incompetent and must be struck out.

Court Disposition

appeal allowed

Orders

  • Decision of the Advocates Committee set aside
  • Proceedings of the Advocates Committee quashed