ally mohamed 18 others vs ms sungura textile 1997 ltd 2011 tzhc 2159 20 april 2011

ally mohamed 18 others vs ms sungura textile 1997 ltd 2011 tzhc 2159 20 april 2011

Representation by power of attorney is only permissible where genuine reasons exist, such as absence, illness, or incapacity of the party. Ignorance of law, poverty, or personal acquaintance are not sufficient. Mr. Mzuwanda's representation amounted to unauthorized legal practice, which is prohibited. The applicants must appear in person or engage a qualified advocate.

Citation
ally mohamed 18 others vs ms sungura textile 1997 ltd 2011 tzhc 2159 20 april 2011
Parties
Applicants: Ally Mohamed and 18 Others; Respondent: M/S Sungura Textile (1997) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 April 2011
Procedural Posture
Civil Appeal / Interlocutory Order on Representation
Outcome
Mr. Mzuwanda denied audience; representation by him declared illegal and prohibited.
Legal Topics
Representation by Power of Attorney, Recognized Agents, Practice of Law, Court Procedure, Legal Profession Regulation
Source Language
English
Civil Procedure Employment Law Representation by Power of Attorney Recognized Agents Practice of Law Court Procedure Legal Profession Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Ally Mohamed and 18 Others

Applicants

M/S Sungura Textile (1997) Ltd

Respondent

Procedural Posture

Civil Appeal / Interlocutory Order on Representation

Legal Issues

  1. 1 Whether representation of applicants by Mr. Mzuwanda via power of attorney is proper in law

Ratio Decidendi

Representation by power of attorney is only permissible where genuine reasons exist, such as absence, illness, or incapacity of the party. Ignorance of law, poverty, or personal acquaintance are not sufficient. Mr. Mzuwanda's representation amounted to unauthorized legal practice, which is prohibited. The applicants must appear in person or engage a qualified advocate.

Court Disposition

Mr. Mzuwanda denied audience; representation by him declared illegal and prohibited.

Orders

  • Mr. Mzuwanda is ordered not to appear or address the court in this matter for want of locus standi.
  • Applicants may appear in person, engage an advocate, or seek legal aid if they wish.