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Tanzania decisions
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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.
The High Court quashed the Tanganyika Law Society Electoral Appeals Committee’s decision disqualifying a presidential candidate, holding it acted ultra vires and denied a hearing.
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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The Board failed to prove service of the required 21 days' notice or supply of the investigation report, violating the appellant's right to be heard and principles of natural justice, rendering the deregistration decision null and void.
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The omission to attach the High Court order refusing leave was an accidental lapse referenced in the affidavit, and in the interests of substantive justice and under the overriding objective principle, the applicants are granted leave to file a supplementary affidavit within thirty days to cure the defect, rather than striking out the application.
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The High Court stayed judicial review proceedings pending a Court of Appeal application, declined to discipline respondent’s counsel, and ordered each party to bear its own costs.
The High Court reduced an advocate’s five-year suspension to four years after finding he had served over two years, complied with orders, and shown remorse.
The applicant failed to account for all days of delay, and the alleged illegality was not apparent on the face of the record but required long argument. There was no sufficient cause for extension of time, and the grounds for leave to appeal were hypothetical and not arguable. Both applications lacked merit and were dismissed.
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Court of Appeal granted an extension of time to file an amended record of appeal after finding the delay was caused by former counsel’s conduct, not the appellant.
The petition is incompetent for lack of cause of action, improper impleading of parties, and failure to comply with procedural requirements. Reliefs sought cannot be granted against the respondents as impleaded. The affidavit defects do not constitute pure points of law and are not fatal at this stage. The petition is frivolous, vexatious, and an abuse of court process. The language used by petitioner's counsel warrants suspension pending disciplinary proceedings.
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