ORDER MASHAKA LUCAS MAJI VS
- Citation
- ORDER MASHAKA LUCAS MAJI VS
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 2 July 2024
- Posture
- Miscellaneous Civil Application / Order
- Language
- English
More details
- Court
- TANZLII
- Decision
- 2 July 2024
- Posture
- Miscellaneous Civil Application / Order
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ApplicantAndrew Bolle
1st RespondentMsafiri Shabani Daudi
2nd RespondentPaskazia John Mpanduji (Administratrix of the estate of the late Dunstan Moses Mongi)
3rd RespondentEagle Brand Mining Investment Management Co. Limited
4th Respondent03
Procedural history
Posture
Miscellaneous Civil Application / Order
04
Questions and positions
Legal issues
- 01
Whether service of process was properly effected
- 02
Whether advocate's conduct amounted to professional misconduct
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
Legal principles
- 01
Advocate Professional Conduct and Etiquette Regulations, GN No.118/2018
Advocates must adhere to professional conduct and etiquette regulations.
- 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.
TANZLII
Judgment· 2 July 2024
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
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