20180926 TZHC Dar es Salaam1

Proceedings instituted and prosecuted by a person without a valid practicing certificate are a nullity; Mr. Mwakajinga was not qualified to act as an advocate or agent, and all pleadings and proceedings are nullified.

Citation: 20180926 TZHC Dar es Salaam1
Parties: Plaintiff: Islam Ally Saleh; 1st Defendant: Akbar Hameer; 2nd Defendant: CATS Tanzania Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 September 2018
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: Suit summarily rejected as a nullity; costs awarded to defendants against plaintiff and Mr. Mwakajinga.
Legal Topics: Advocate's Practicing Certificate, Nullity of Proceedings, Contempt of Court
Source Language: English

Civil Procedure Legal Profession Regulation Advocate's Practicing Certificate Nullity of Proceedings Contempt of Court

Case Brief

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Parties

Islam Ally Saleh

Plaintiff

Akbar Hameer

1st Defendant

CATS Tanzania Limited

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether proceedings instituted and prosecuted by an unqualified person (without a valid practicing certificate) are a nullity
2 Whether Mr. Mwakajinga was qualified to act as an advocate or agent for the plaintiff

Ratio Decidendi

Court Disposition

Suit summarily rejected as a nullity; costs awarded to defendants against plaintiff and Mr. Mwakajinga.

Orders

All pleadings and proceedings prepared and conducted by Mr. Mwakajinga are nullified and summarily rejected.
Plaintiff has no case before the court.