Edson Osward Mbogoro versus Dr Emmanuel John Nchimbi; Civil Appeal No 140 of 2006: Court of Appeal of Tanzania at Dar es Salaam (Unreported)
- Advocates
- Advocates – An Advocate practiced without valid practicing licence –Effect.
- Election Petitions
- Appeals – Appeal to the Court of Appeal - whether leave is mandatory.
- Court of Appeal Rules
- Notice of appeal – where should it be filed – what should it constitute?.
Held:-
(i) If an advocate in Tanzania practices as an advocate without having a current practicing certificate, not only does he act illegally but also whatever he does in that capacity (including filing documents) as an unqualified person has no legal validity. To hold otherwise would be tantamount to condoning illegality.
(ii) A decision in an election petition deciding on issues relating to paragraphs (a) and (b) of sub – Article (i) of Article 83 may be appealed to the Court of Appeal without the need for leave as would otherwise be required under section 5(i)(c) of the Appellate Jurisdiction Act, 1979. An appeal against any other decision of the High Court in an election petition would require leave of the High Court or the Court of Appeal.
(iii) Notice of appeal should be lodged with the Registrar of the High Court.
(iv) A notice of appeal should be addressed to the Registrar of the High Court and the identity of the signor should be disclosed.