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The High Court struck out a bail application after finding the affidavit was forged and the matter had been brought in the applicant’s name without his valid signature.
Mr. Mahuna is disqualified from representing the 1st and 3rd respondents due to conflict of interest, as he attested the sale agreement central to the dispute and is a potential witness. Allowing him to continue would violate professional conduct rules and endanger the integrity of the proceedings.
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Advocate Abdallah Kilobwa was disqualified from representing the respondent before the Tribunal due to his prior role as commissioner for oaths in attesting the disputed sale agreement, constituting a potential conflict of interest under section 7 of the Notaries Public and Commissioner for Oaths Act. The proceedings and judgment of the Tribunal were therefore quashed and a retrial ordered.
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The High Court Land Division struck out a land application after finding it was backed by a defective affidavit sworn by counsel on matters outside personal knowledge.
The High Court held that a respondent’s advocate did not have a disqualifying conflict of interest merely by drafting termination letters and attending meetings.
The plaint was struck out because it was drawn, endorsed, and filed by advocates (Orbit Attorneys) who had a conflict of interest, having previously represented the 1st defendant in a substantially related matter involving the same property and mortgage. The court found that the matters were connected and that the advocates had confidential information relevant to both cases, thus disqualifying them from acting against their former client.
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The CMA had jurisdiction as the amendments to the Public Service Act did not apply retrospectively to disputes filed before their commencement. However, the respondent's advocate had a conflict of interest due to his former position as Company Secretary of the applicant, which contravened professional conduct regulations. This conflict tainted the proceedings, warranting the quashing of the CMA proceedings and award, and remitting the matter for a fresh hearing before a different arbitrator, with the advocate barred from further representation in the matter.
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The applicant's advocate is disqualified due to conflict of interest arising from prior representation of the respondents. However, the absence of a board resolution is excused due to deadlock among shareholders and directors, distinguishing this case from binding precedent. Applicants are allowed time to appoint new counsel rather than having the application struck out.
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Disciplinary ruling finding advocate Fatuma Amani Karume guilty of gross professional misconduct for disparaging remarks against the Attorney General and judiciary.
The application was properly presented and supported by affidavit, procedural omissions did not cause injustice, issues were apparent from pleadings and evidence, documentary evidence annexed to affidavits formed part of the evidence, and the appellant's conduct constituted grave professional misconduct warranting suspension. The punishment imposed was commensurate with the misconduct.
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