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The High Court in Mwanza warned an advocate for relying on improper service and reminded parties to use authorized court brokers and process servers.
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 High Court allowed an appeal against disciplinary proceedings, holding the Advocates Committee lacked jurisdiction because the complaint was filed contrary to a specific court order.
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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The High Court upheld an advocate’s disciplinary conviction and one-year suspension, but quashed an order requiring a Tshs.25,000,000 refund to the complainant.
The Committee had jurisdiction to entertain the complaint as an allegation of misconduct under Section 13(1)(c) of the Advocates Act, and formal application or affidavit was not mandatory. The appellant was properly served and given opportunity to defend but failed to do so. The Committee's order for refund of Tshs.25,000,000 exceeded its statutory powers and was quashed. The one-year suspension was within the Committee's discretion and not excessive.
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The High Court upheld disciplinary jurisdiction over an advocate misconduct complaint, but quashed a Tshs.25,000,000 refund order as unauthorized.
The Committee had jurisdiction to entertain the complaint as an allegation of misconduct under S.13(1)(c) Advocates Act, and formal application or affidavit was not mandatory. The appellant was properly served and given opportunity to defend but failed to do so. The Committee lacked power to order refund of Tshs.25,000,000 as it was not a cost or witness expense. The suspension imposed was within the Committee's discretion and not excessive.
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