jaha juma jaha versus the commissioner for lands and 6 others 2023 tzhc 19753 31 july 2023

jaha juma jaha versus the commissioner for lands and 6 others 2023 tzhc 19753 31 july 2023

All proceedings attended by the plaintiff's advocate without a valid practicing certificate are nullity and must be expunged; the plaintiff's case collapses for propping on illegal proceedings.

Citation
jaha juma jaha versus the commissioner for lands and 6 others 2023 tzhc 19753 31 july 2023
Parties
Plaintiff: Jaha Juma Jaha; 1st Defendant: The Commissioner for Lands; 2nd Defendant: The Attorney General; 3rd Defendant: Jumanne Ally Makame; 4th Defendant: Dafrosa Cyril Lyimo; 5th Defendant: Edward Chacha Misenye (Administrator of the estates of the Late Berneti Chacha Misenye); 6th Defendant: Mwita Chogo Marwa; 7th Defendant: Jonas Akwilini Swai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection Regarding Advocate's Practicing Certificate
Outcome
Plaintiff's case dismissed for illegality of proceedings.
Legal Topics
Advocate's Practicing Certificate, Nullity of Proceedings, Contempt of Court, Land Ownership Dispute
Source Language
English
Civil Procedure Legal Profession Regulation Advocate's Practicing Certificate Nullity of Proceedings Contempt of Court Land Ownership Dispute

Case Brief

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Parties

Jaha Juma Jaha

Plaintiff

The Commissioner for Lands

1st Defendant

The Attorney General

2nd Defendant

Jumanne Ally Makame

3rd Defendant

Dafrosa Cyril Lyimo

4th Defendant

Edward Chacha Misenye (Administrator of the estates of the Late Berneti Chacha Misenye)

5th Defendant

Mwita Chogo Marwa

6th Defendant

Jonas Akwilini Swai

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection Regarding Advocate's Practicing Certificate

Legal Issues

  1. 1 Whether proceedings attended by an advocate without a valid practicing certificate are nullity
  2. 2 Effect of advocate's lack of practicing certificate on the validity of court proceedings

Ratio Decidendi

All proceedings attended by the plaintiff's advocate without a valid practicing certificate are nullity and must be expunged; the plaintiff's case collapses for propping on illegal proceedings.

Court Disposition

Plaintiff's case dismissed for illegality of proceedings.

Orders

  • All proceedings attended by advocate without valid practicing certificate expunged.
  • Plaintiff advised to take appropriate course against advocate for gross negligence.