Download PDF

Tanzania Judgment

TANZLII

ORDER MASHAKA LUCAS MAJI VS

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

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

03

Procedural history

  1. Posture

    Miscellaneous Civil Application / Order

04

Questions and positions

Legal issues

Party arguments

Applicant
Advocate relied on affidavit for substituted service by publication without proper service to respondents.
Respondent
Advocate submitted that no miscarriage of justice occurred despite improper service.

05

Court’s reasoning

  1. 01

    Advocate Professional Conduct and Etiquette Regulations, GN No.118/2018

    Advocates must adhere to professional conduct and etiquette regulations.

  2. 02

    Institute of Judicial Administration Lushoto (IJA) guidelines

    Service of process must be effected by qualified, recognized, and authorized court brokers or process servers.

06

Ratio, limits and disposition

Ratio decidendi

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

Obiter and limits

  • Advocates are reminded to perform duties diligently and adhere to professional conduct regulations.
  • Parties should use qualified and authorized court brokers and process servers to avoid miscarriage of justice.

Court disposition

Warning issued to advocate and unauthorized process server.

  • 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.

Source and reliance status

TANZLII · 2 July 2024

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 2 July 2024

ORDER MASHAKA LUCAS MAJI VS

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

IN THE SUB RGISTRY OF MWANZA

AT MWANZA MISC. CIVIL APPLICATION NO. 5777 OF 2024 (Arising from Civil Case No. 18 of 2023 Before Hon. K.S. Kamana, J) MASHAKA LUCAS MAJI …………………………………………………… APPLICANT

VERSUS 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

ORDER Following the party's submissions, I have noted a serious concern that might amount to misconduct on the part of advocates. It is evident according to Mr. Shadrack S. Shidah that he never effected service to the respondents, worse enough he does not even know the respondents apart from swearing an affidavit duly filed in court. The filed affidavit relied on by an advocate to address this court and prayed for substituted service by publication against the adverse party. Mr. Shadrack Shidah is not a registered Court Broker nor a process server rather dealing with small business at Mwaloni area Mwanza. And 1 that he was just ordered by Mr. Mtawala and Mtewele advocates to serve the respondents. The submission by Mr. Mtawala that no miscarriage of justice occurred to the parties is out of context a statement which I didn’t expect to come from the advocate bearing in mind the circumstance of this matter. From the record, Mr. Shadrack Shidah is not among the registered Court Broker or process servers who have attended training programme conducted by the Institute of Judicial Administration Lushoto. (IJA). Having so observed, I first warn Mr. Mtawala's advocate to perform his duties diligently and remind him to adhere to the (Advocate Professional Conduct and Etiquette) Regulations, Gn. No.118/ 2018. As a court officer, he should repeat no such act before the court of all. I remind all parties to make use of the qualified, recognized, and authorized Court broker and Process Server to avoid miscarriage of justice in due course. Because he has been honest in his submission by admitting the wrongful act Mr. Shadrack S. Shidah is warned and ordered to stop engaging in a role not authorized to perform. DATED at MWANZA this 2nd day of July 2024. W.M. CHUMA

JUDGE 2

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Advocate Professional Conduct and Etiquette Regulations, GN No.118/2018

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.