By Evarist Baimu Nyaga Mawalla - Home

surfaced from the very beginning. Indeed at some stage before the hearingstarted the trial court had to rule, following representations from the Bar. That thecase be adjourned until the Attorney General was served. In other words thenecessity of having the Attorney General participating in the proceedings wasclearly seen and appreciated from the very start. However, as it transpired, theAttorney General was never served and yet the trial commenced and proceededwithout any direction by the trial court to proceed without himIt ought to have been quite clear to the advocate preparing or counseling thepreparation of the memorandum of appeal that the Attorney General’s lack ofparticipation in the proceedings must be made a ground of appeal. Upon aglance through he proceedings it should have been equally easy to see that theappeal stood great chances of succeeding on that ground alone. In ourconsidered view it was not really necessary to mobilize or enlist the services ofthree counsel to see or discover these points; a single advocate would do for thepurpose. It is on that account the unable to certify costs for three.In the even their also the appeal with costs for the one counsel only.DATED at DAR ES SALAAM this 26 th day of October, 1995.R. H. KISANGAJUSTICE OF APPEALA.S.L. RAMADRANIJUSTICE OF APPEAL265