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| Company suit in name of manager |
| I am an Operations Manager cum Director General of an international company operating in Tanzania. We have been sued but it is both strange and unfortunate that the defendant in the documents served to us appears to be in my name as General Manager. I am worried about this and upon asking a friend I was informed that in this country whenever a case is against an international company, then it is the general manager who should be sued to ensure compliance in case the Court awards amounts. Is this true as per Tanzanian laws? Please guide. |
| LX, Dar |
It is only a legal person or an entity with legal personality that can institute a suit or be sued. Our laws require suits to be instituted against proper party or parties. In your case it is wrong for the plaintiff to sue the General Manager instead of the company because it is a long established principle in law that all suits by or against the company shall be brought under the company’s name.
Furthermore it is not true that our laws require suits against an international company to be brought in the name of the general manager. Hence there seems to be a wrong party sued.
Our practical experience has seen a number of cases which are brought against parties who are not legal entities being struck out by Judges and Magistrates. You can proceed to raise an objection to the same effect. Your attorneys can guide you further. |
| Employee refuses to work during notice period |
| I own a consulting company with a big clientele. Recently one of my employees issued a notice to terminate his service. However after issuing the said notice the fellow has not been working on the tasks assigned to him on the ground that he is leaving my company. He has ultimately started coming late and |
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| sometimes not coming at all. Can an employee refuse to work only because he has given notice of termination? What does the labour law say? |
| PP, Arusha |
The Employment and Labour Relations Act clearly provides that where an employee refuses to work during the notice period, an employer may deduct from the employee any money due to the employee for the period that the employee did not work. Therefore you still have an opportunity of not paying him/her the salary for the days which he has not worked.
Had the period for notice not been for such a short time, you would be justified to terminate the employment contract on the basis of such misconduct as per the proper procedure under the law. The fact that an employee is leaving a workplace does not mean that he/she can do as they like. Both case laws and labour laws require that the employer and an employee should respect the contract of employment which subsists during the notice period.
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| Seller dead, land not transferred |
| I executed a contract of sale of a house with someone who passed away before I could officially lodge the transfer with the Ministry of lands. I am informed there are transfer forms which I have to submit but the seller is no longer alive to execute them. Who can I request to sign on behalf of the deceased? |
| LK, Shinyanga |
You have not informed us if there is a probate or letters of administration granted by the Court to someone with respect to the deceased’s estate. If there is then that person can “wear the shoes of the deceased” and sign the relevant transfer forms. If not, you might have to wait until someone is appointed.
One other thing is that the sell to you |
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| may be challenged by the beneficiaries if the said property appears in the deceased’s Will. Your lawyer can guide you further. |
| Government suing after 20 years |
| I used to be a government employee and was occupying a house owned by the government in the early 80’s. I was required to pay some rent however in those days no one used to follow up so I never paid and enjoyed the premises until I retired and moved to my own apartment. To my surprise, in January this year, I received a demand notice from the government that I should pay the rent which is outstanding including interest as well. I know little of law but a friend tells me that such recoveries under contracts are limited to six years whilst this attempted recovery by the Government is coming after more than twenty years. Can I successfully challenge this in Court? Please guide me as I don’t have that kind of money and am very old. |
| JW, Mtwara |
Kindly note that under the Law of Limitation Act, suits based on contract are limited to six years from the date the right of action accrued; however time limit for suits by or on behalf of the Government is sixty years hence the Government is within time and as admitted by you, the Government has every right to claim for its rent as well as interest.
We strongly advise you to consult the relevant Government entity and see if you can reach into an out of Court settlement and prepare a schedule for payment which will allow you to pay in installments which might be more favorable to you. Be mindful that you have been using Government property without paying rent and it is only fair that the Government pursue you for outstanding amounts. Your lawyers can guide you further. |
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This column is intended to give you a general over view of
the Law. It is not a substitute
to the role of your legal advisor. If you
have legal issues, you are strongly recommended
to contact your Attorney. |
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