ORDER MASHAKA LUCAS MAJI VS

ORDER MASHAKA LUCAS MAJI VS

Improper service of process by an unqualified individual constitutes misconduct; advocates must ensure compliance with professional regulations and proper service procedures.

Citation
ORDER MASHAKA LUCAS MAJI VS
Parties
Applicant: Mashaka Lucas Maji; 1st Respondent: Andrew Bolle; 2nd Respondent: Msafiri Shabani Daudi; 3rd Respondent: Paskazia John Mpanduji (Administratrix of the estate of the late Dunstan Moses Mongi); 4th Respondent: Eagle Brand Mining Investment Management Co. Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 July 2024
Procedural Posture
Miscellaneous Civil Application / Order
Outcome
Warning issued to advocate and unauthorized process server.
Legal Topics
Service of Process, Advocate Misconduct, Court Broker Regulation
Source Language
English
Civil Procedure Legal Profession Service of Process Advocate Misconduct Court Broker Regulation

Case Brief

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Parties

Mashaka Lucas Maji

Applicant

Andrew Bolle

1st Respondent

Msafiri Shabani Daudi

2nd Respondent

Paskazia John Mpanduji (Administratrix of the estate of the late Dunstan Moses Mongi)

3rd Respondent

Eagle Brand Mining Investment Management Co. Limited

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Order

Legal Issues

  1. 1 Whether service of process was properly effected
  2. 2 Whether advocate's conduct amounted to professional misconduct

Ratio Decidendi

Improper service of process by an unqualified individual constitutes misconduct; advocates must ensure compliance with professional regulations and proper service procedures.

Court Disposition

Warning issued to advocate and unauthorized process server.

Orders

  • Mr. Mtawala (advocate) is warned to perform duties diligently and adhere to professional conduct regulations.
  • Mr. Shadrack S. Shidah is warned and ordered to stop engaging in unauthorized process serving.