Tanzania Case Law

MISC CIVIL CAUSE NO 10803 OF 2024 NEW

Court

TANZLII

The petitioner failed to demonstrate that the impugned provisions of the Advocates Act create institutional bias, discrimination, or breach the independence and self-regulation of the Tanganyika Law Society. The composition and roles of the Attorney General, judiciary, and public bar in the disciplinary committees are consistent with constitutional principles and commonwealth practices. Any potential conflict or bias can be resolved administratively, not by constitutional invalidation. The petition is dismissed in its entirety.

Source excerpt

• Constitutionality of statutory provisions
• Disciplinary process for advocates
• Equality before the law
• Discrimination
• Independence of professional bodies

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REV

Court

TANZLII

An affidavit attested by an advocate without a valid practicing certificate is incurably defective and renders the application incompetent; courts must strike out such applications to uphold the law and professional standards.

Source excerpt

• Validity of affidavit
• Advocate's practicing certificate
• Commissioner for oaths
• Preliminary objection

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jaha juma jaha versus the commissioner for lands and 6 others 2023 tzhc 19753 31 july 2023

Court

TZHC

All proceedings attended by the plaintiff's advocate without a valid practicing certificate are nullity and must be expunged; the plaintiff's case collapses for propping on illegal proceedings.

Source excerpt

• Advocate's practicing certificate
• Nullity of proceedings
• Contempt of court
• Land ownership dispute

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hamisi saidi kibola vs anthony goodluck shuma others 2021 tzhc 9404 14 december 2021

Court

TZHC

The right to appeal from the decision of the Advocates Committee under Section 24A of the Advocates Act, Cap 341 RE 2019, is restricted to advocates whose names appear on the Roll of Advocates. The appellant, not being an advocate, lacks locus standi to appeal. The relevant statutory provisions do not confer a right of appeal to non-advocates, and such restriction is not discriminatory as the law is designed to regulate a specific profession. The preliminary objection is sustained and the application is dismissed.

Source excerpt

• Right of appeal
• Locus standi
• Statutory interpretation
• Discrimination
• Time limitation

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erick nicholaus ndwela vs tulo yohana shekumkay and another 2021 tzhc 2293 8 march 2021

Court

TZHC

The appeal was filed out of time as the appellant neither requested the necessary documents within the prescribed limitation period nor obtained a certificate of delay from the Secretary, making exclusion of time under Rule 17(4) inapplicable.

Source excerpt

• Limitation of actions
• Appeals
• Disciplinary proceedings
• Certificate of delay

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afriq engineering and construction co ltd vs registered trustees of the diocese of central tanganyika 2020 tzhccomd 2074 26 february 2020

Court

TZHCCOMD

High Court ruling on filing and enforcement of an arbitral award, allowing the respondent time to object while holding the filing proper and declining to strike counsel’s submissions.

• Enforcement of arbitral awards
• Time limits for challenging arbitral awards
• Proper filing of arbitral awards
• Advocate's right of audience
• Client protection from advocate misconduct
• Arbitration-award-enforcement

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20180926 TZHC Dar es Salaam1

Court

TZHC

The High Court held that proceedings conducted by an advocate without a valid practising certificate were a nullity and summarily rejected the suit with costs.

• Advocate's practicing certificate
• Nullity of proceedings
• Contempt of court
• Advocate-practising-certificate
• Nullity-of-proceedings
• Civil-procedure

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valerian mlay vs nathan alex 2018 tzhc 2692 10 august 2018

Court

TZHC

The appeal is incompetent for failure to indicate the name of the advocate who drew and endorsed the memorandum of appeal as required by sections 43 and 44 of the Advocates Act; a law firm cannot draw or file legal documents; the defect is incurable and the appeal must be struck out.

Source excerpt

• Competence of legal documents
• Proper court designation
• Advocates act compliance
• Preliminary objections

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20070920 TZCA Dar es Salaam 1

Court

TZCA

Documents filed by an unqualified advocate are invalid and of no legal effect; the appeal was incompetent for lack of leave to appeal and for being based on documents filed by an unqualified person.

Source excerpt

• Effect of unqualified advocate filing court documents
• Requirement of leave to appeal in election petitions
• Procedural compliance for lodging notice of appeal

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edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 156 20 september 2007

Court

TZCA

Documents filed by an advocate without a valid practicing certificate are of no legal effect and render the appeal incompetent; further, leave to appeal was required and not obtained, making the appeal incompetent on that ground as well.

Source excerpt

• Validity of court documents filed by unqualified advocates
• Requirement of leave to appeal in election petitions
• Jurisdictional defects in appellate procedure

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