High Court Commercial Division - 2000 April

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2 judgments

Citation	Judgment date
April 2000
Managing Director, Souz Motors L.T.D vs Riaz Gulamani and Another (Commercial Civil Case 3 of 1999) [2000] TZHCComD 5 (7 April 2000) Reported Leave to appeal interlocutory Commercial Division orders is barred unless the order finally determines the suit. Commercial Division — Appeals — Section 5(2)(d) Appellate Jurisdiction Act (as amended by Act No.10/1999) — No appeal from interlocutory or preliminary orders unless they finally determine the suit — Test: whether order practically puts an end to litigation or substantially disposes of issues — Leave to appeal discretionary and to prevent frivolous delay.	7 April 2000
Mkono and Company Advocate (A Firm) vs Jw Ladwa( 1977) (Civil Case 3 of 2000) [2000] TZHCComD 4 (3 April 2000) Reported A contingency success-fee agreement between an advocate and client is champertous, illegal and unenforceable in Tanzania. * Maintenance and champerty – contingency-fee agreements between advocates and clients – public policy and unenforceability * Reception clause – applicability of English common law doctrines in Tanzania * Advocates Ordinance s.59 and Law of Contract Ordinance s.23 – illegality of contingent remuneration * Tanganyika Law Society Rules and Advocates’ Remuneration Rules – limits and lack of force to validate champerty * Contentious vs non-contentious business – when instructions to sue constitute contentious proceedings	3 April 2000