standard chartered bank ltd vs best travel solution ltd and others 2020 tzhccomd 2040 11 september 2020

standard chartered bank ltd vs best travel solution ltd and others 2020 tzhccomd 2040 11 september 2020

Mr. Kabano acted without a current practicing certificate, rendering his pleadings void and warranting referral to the Advocates Disciplinary Committee; affected defendants are allowed time to file proper pleadings.

Citation
standard chartered bank ltd vs best travel solution ltd and others 2020 tzhccomd 2040 11 september 2020
Parties
Plaintiff: Standard Chartered Bank (T) Limited; 1st Defendant: Best Travel Solution Limited; 2nd Defendant: Godfrey William Malamia; 3rd Defendant: Aloyce Kisenga Mchily; 4th Defendant: Vallessi Emanuel Masawwe
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 September 2020
Procedural Posture
Commercial Case / Ruling on Advocate's Authorization and Pleadings
Outcome
Referral of Mr. Kabano to Advocates Disciplinary Committee; pleadings prepared by him expunged; affected defendants granted 21 days to file proper pleadings.
Legal Topics
Unauthorized Practice of Law, Advocate's Practicing Certificate, Expunging Pleadings, Disciplinary Referral
Source Language
English
Professional Discipline Civil Procedure Unauthorized Practice of Law Advocate's Practicing Certificate Expunging Pleadings Disciplinary Referral

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Parties

Standard Chartered Bank (T) Limited

Plaintiff

Best Travel Solution Limited

1st Defendant

Godfrey William Malamia

2nd Defendant

Aloyce Kisenga Mchily

3rd Defendant

Vallessi Emanuel Masawwe

4th Defendant

Procedural Posture

Commercial Case / Ruling on Advocate's Authorization and Pleadings

Legal Issues

  1. 1 Whether Mr. Slyvester Kakobe Kabano acted as an advocate without a current practicing certificate
  2. 2 Legal effect of pleadings prepared by an unauthorized person
  3. 3 Appropriate disciplinary action for unauthorized practice

Ratio Decidendi

Mr. Kabano acted without a current practicing certificate, rendering his pleadings void and warranting referral to the Advocates Disciplinary Committee; affected defendants are allowed time to file proper pleadings.

Court Disposition

Referral of Mr. Kabano to Advocates Disciplinary Committee; pleadings prepared by him expunged; affected defendants granted 21 days to file proper pleadings.

Orders

  • Registrar of the High Court to refer Mr. Kabano to the Advocates Disciplinary Committee for necessary action.
  • Written statement of defence to the counter claim prepared by Mr. Kabano expunged from court record.