Africa-Press – Tanzania. THE High Court has blocked the move by the Attorney General and the Advocates Committee to challenge its decision of restoring the name of Fatma Karume in the role of advocates of the Tanganyika Law Society (TLS).
Judge Steven Magoiga ruled against the Attorney General and the Advocates Committee after dismissing their application for permission to appeal to the Court of Appeal against the judgment given by High Court panel comprising Judges Issa Maige, Deo Nangela and Edwin Kakolaki on June 21, 2021.
“This court hereby declines to grant permission to the applicants to appeal to the Court of Appeal of Tanzania as prayed in the chamber summons for failure of the applicants to establish arguable case or issues for the Court of Appeal to consider.
The instant application is, thus, dismissed…..” he ruled. During hearing of the application, the state lawyers told the court that they had complied with formal procedures for asking for permission by filing notice of appeal, letter requesting copies of the proceedings, including filing the application within time prescribed by law.
They had further submitted that in the intended appeal, if permission was granted, they would adduce five grounds of appeal before the Court of Appeal as contained in the affidavit in support of the application.
On the other hand, the advocate for Ms Karume, the respondent, had opposed to the application in question, submitting that permission is not automatic but must be exercised where there is arguable case that calls for Court of Appeal of Tanzania’s intervention.
In his ruling, the judge noted having carefully and dutifully considered the rivaling arguments for and against the application that grant of leave is not automatic, hence, the applicant is supposed to establish that, there are triable issues or prima facie case for determination by the Court of Appeal.
The judge said having gone through the set out grounds of appeal in the intended appeal he came to the conclusion that they are novel to the judgment while some could not be entertained in a restrictive application for leave because leave should be limited to the order, decree, judgment and finding of the High Court.
In the judgment sought to be challenged, the panel ruled in favour of the seasoned lawyer after sustaining one ground of appeal, ruling that the application on professional misconduct against Ms Karume, which was filed before the Committee was incompetent and ought to have been struck out.
Through her Advocate Peter Kibatala, Ms Karume had contended that the Committee acted without judicial authority and propriety to entertain the matter when it was made cognizant of the subsisting order of the superior body.
Such a body, according to Advocate Kibatala, is the High Court, which had ordered the Registrar to transmit the alleged professional misconduct of the appellant to the Committee for proper hearing.
Records show that the complaint in question was submitted by the Attorney General against the order. In their judgment, therefore, the judges ordered the Registrar of the High Court to transmit the complaint on professional misconduct of Ms Karume to the Advocates Committee in the manner directed in the Court’s order which was issued by the then Principal Judge, Dr Eliezer Feleshi.
Following the panel’s decision, Advocate Fatma Karume remained suspended as per the orders of the Principal Judge pending determination of the matter by the Committee, upon receiving fresh complaint.
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