Entries by fbadmin1

Suing City Council for negligence

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Few years ago I fell into a rain storm drainage that had no cover on a pedestrian lane and fractured my shoulder. Please advise if I can see the City Council or the Municipality concerned for the cost of surgery, hospitalization and loss of working days, trauma and other relevant damages? MK, Arusha Our understanding […]

Period for disposal of company documents

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We completed the winding up proceedings of our company a few weeks ago. For purposes of certainty and strict compliance with the law, we consulted with the Registrar of Companies to seek guidance regarding disposal of the wound-up company documents. To our surprise we have been told that the Registrar requires us to retain the […]

Q&A – 7 August 2023

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Dependent pass for same sex spouse I am an engineer based in Europe and have recently secured a job in Tanzania in a company involved in a big strategic project. To be very honest I am in a same sex marriage and have been living with my partner for a number of years. Subsequent to […]

Husband claims maintenance from former wife

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I was retrenched two years ago and since then have been depending on my rich wife for accommodation, food, clothing and other basic needs. My wife has filed a divorce petition in Court against me. Can I claim maintenance that she be ordered to pay me maintenance costs in case the Court grants the divorce? GR, Mtwara […]

Double punishment for reckless driving

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I was charged with the offence of knocking a pedestrian and causing him bodily injury due to reckless driving. I pleaded guilty to the charge and the Court ordered I pay a fine of TZS 200,000 or serve a one year term in prison. In addition to the fine sentence, the Court canceled my driving licence and disqualified me from […]

Q&A – 31 July 2023

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Restriction on residents to maintain foreign bank accounts I am a newly-appointed head of legal of a company operating in Tanzania. As I joined the office, I came across the Foreign Exchange Regulations, 2022 which prohibit residents from opening and maintaining bank accounts outside Tanzania. At our company, we have officials who are not Tanzanian nationals but […]

Role of TIC for local investors

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I am a Tanzanian and businessman running different types of businesses within Tanzania and even outside Tanzania. My understanding has been that the Tanzania Investment Centre is a government institution that is there to assist investors from outside Tanzania who wish to invest in Tanzania by giving them certain incentives so as to promote foreign […]

Q&A – 24 July 2023

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Suing husband to recover loan Four years ago I took a bank loan amounting to TZS 10M and gave it to my husband to purchase a Toyota Hiace for business. My husband bought the Hiace and started the business but never gave me the profits from the business to repay the loan. He also kept […]

Graphics designer infringes trademarks

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There is a smart graphics designer in town who specializes in copying and infringing trademarks. What he does is directly copies trademarks that are well known to make logos for his clients without the client knowing this. The logos are well packaged and expensively priced. Is this not an offence? PP, Mwanza Apart from contravening […]

Uncle steals title deed

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Our father died and left us with properties including apartments in some prime areas. We have recently noticed that some of the title deeds are missing from our father’s file of documents. We suspected our uncle and reported him to the Police. A search was conducted in his house and the police found him with […]

Q&A – 17 July 2023

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Both parties claim divorce Six months after marriage, I left for overseas to study, leaving my wife behind at my parents’ home. Whilst there I got bad news that my wife had left my parents’ home and joined a former boyfriend. I decided to fly back and immediately upon my wife finding out I was […]

Suing for death of infant

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I lost a child in the course of delivery due to negligence of a doctor. I want to sue the hospital and the doctor but am getting advice that it is impossible for an adult to sue for death of an infant because only an executor or administrator of the deceased estate can file suit […]

Q&A – 10 July 2023

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Land ownership in name of minor I recently lost an uncle and have seen how his wife, children and other close relatives have been fighting for his properties to the extent that there is now a Court case. I do not want my children to face the same agony when I am gone and would […]

Right to use well water

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We have been fetching water from our neighbour’s well for more than thirty years. Unfortunately, the neighbour passed away a month ago. We are now in trouble as the older son of the deceased owner of the well has started to erect a fence around the well and doesn’t want us to draw water from […]

Growing bhang as fodder crop

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I am told that local discovery shows goats like eating leaves of cannabis sativa and it gives them immunity against many diseases. I keep a big number of goats for business and I would like to know the process I can follow to be allowed to grow bhang as a fodder crop. Please note this […]

Q&A – 3 July 2023

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Child born out of wedlock I am married but had a child born out of wedlock with another woman. The child passed away and our head of HR refused a compassionate leave to attend the burial on the ground that the name of the deceased child does not appear in the list of my children […]

Q&A – 26 June 2023

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Use of advocate in disciplinary hearing I have been served with a disciplinary charge by my employer and ordered to answer the charges in writing within seven days from the date of receipt of the charge. I would like to know what the procedure will look like and do I have the right to engage […]

Casual labourers claim paid leave

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We have a company that deals in purchase and export of agricultural produce. During the harvest season, which lasts for four months every year, we recruit casual labourers to pack the agricultural produce in sacks and load the sacks in trucks ready for transport to the export ports. In the recruitment process we prefer casual labourers […]

Forfeiting onerous bequests

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My father was a Christian who died testate after he bequeathed me two houses. One of those houses is encumbered as he died before liquidating a loan he had taken from one of the commercial banks. He stated in the Will that the legatees of encumbered legacies should fulfill the respective obligations in case he […]

License for selling dogs

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I am very passionate about animal keeping, especially dogs. For many years I have seen young men selling puppies along the roads in some parts of Dar es Salaam and Arusha. I love companion animals and it upsets me to see puppies mistreated by exposing them in the sun and without feeding them properly. In […]