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Tanzania decisions
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The High Court held there was no conflict of interest disqualifying Abrasen & Co. Advocates, because the partner involved had not acted for the respondent and disciplinary proceedings were administrative.
The High Court struck out a revision application because its supporting affidavit was attested by an advocate without a valid practicing certificate, but granted leave to refile within seven days.
The judgment in Land Appeal no. 61 of 2021 was fraudulently and improperly procured as the appeal was instituted and prosecuted in the name of the 2nd Respondent without his knowledge or instructions, depriving him of the right to be heard. The court has jurisdiction to review and set aside such a judgment to restore justice.
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The advocate's prior involvement for both parties in the contract's drafting and execution created a fiduciary relationship and conflict of interest, rendering his subsequent representation of one party against the other in litigation unprofessional and a nullity.
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The Committee's failure to determine the applicant's request for substitution of the witness before dismissing the application amounted to a violation of the right to be heard and principles of natural justice; the dismissal order was premature.
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Allowing an advocate to represent a party in a matter in which he previously acted as a judicial officer constitutes a conflict of interest, undermines public confidence in the administration of justice, and renders all proceedings a nullity.
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Legal Link Attorneys, being a beneficiary to the disputed guarantee agreement, had a conflict of interest in representing UAP Insurance Tanzania Limited, violating the Advocates (Professional Conduct and Etiquette) Regulations, rendering the High Court proceedings a nullity for lack of fair trial.
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The appointment of an advocate who represented the respondent as receiver manager in the same matter constituted a conflict of interest, violating professional conduct regulations and rendering the trial court proceedings a nullity.
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Both Lawgical Attorneys and Ngalo & Co. Advocates developed conflicts of interest due to prior representation of the Ladwa family; pleadings drawn and filed by these firms are improperly before the court and must be struck out.
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Both Lawgical Attorneys and Ngalo and Co. Advocates developed conflict of interest due to prior representation of the Ladwa Family, rendering them ethically barred from representing either party; pleadings drawn and filed by conflicted advocates are struck out.
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