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Tanzania decisions
Decisions matching the current search
The trial tribunal erred by applying the FIFO principle to preliminary objections without first determining the appellant's objection regarding conflict of interest and competence of the respondents' advocate, which should have been heard first due to its nature.
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The TLS public statement does not bind its members in their professional conduct or create a conflict of interest that would disqualify them from representing the accused; the right to legal representation is constitutional and cannot be ousted by such a statement; no illegality, impropriety, or irregularity was disclosed to warrant revision or disqualification.
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The decree holders failed to establish evidence that the judgment debtor had means and bad faith to pay the debt, and the execution proceedings violated principles of natural justice by denying the applicant fair hearing.
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The High Court refused to extend time for review, finding no apparent illegality on the face of the ruling and no sufficient cause for the delay.
High Court ruling on cross-preliminary objections in a judicial review leave application. The court struck out the matter for non-joinder of the Registered Trustees.
Filing a second appeal to pre-empt a preliminary objection in a pending first appeal constitutes an abuse of court process and is unprofessional; such multiple appeals without good cause are not permitted.
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The applicant failed to show sufficient cause for the inordinate delay in filing his objection; he was fully represented and informed of the outcome, and his claims of lack of representation, conflict of interest, and breach of confidentiality were unsubstantiated.
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The High Court dismissed an application to extend time to object to a taxing master’s ex parte costs decision, finding no sufficient cause for the long delay.
The appeal was filed in time and is competent as the original record was misplaced by the court registry and later found; the subsequent record is a reconstruction and does not render the appeal time barred or incompetent. The misjoinder of the 2nd respondent is curable by substitution of the proper authority, Ilala Municipal Council, in place of the dissolved Dar es Salaam City Council. The appellant cannot be penalized for errors attributable to the court registry.
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