New SWICA Regulations Published
Legal Update – 8 June 2021
About fbadmin1
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Entries by fbadmin1
Consideration in cash
June 7, 2021 in Property and Planning Law, Tax Law and the TRA /by fbadmin1I sold my small plot to a friend who paid me the purchase price with the latest model phone. My tax consultant said that payments must be in shillings and not by way of barter? I also wish to pay the taxes on the transfer by way of an asset and not cash. Kindly guide […]
Interest rate on delayed land compensation
June 7, 2021 in Property and Planning Law /by fbadmin1Our lands were acquired three years back in order to pave way for a public project. The ministry responsible for the project brought valuers to conduct valuation but to date we have not been paid compensation. After commencement of valuation exercise we were stopped by the Government not to carry out any further development on […]
Presumption of spouse’s death
June 7, 2021 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1My husband left Tanzania for overseas to look for employment. In the first five months of his arrival overseas he was phoning me almost every two days. Now it is 4 years and he has not phoned and I have also failed to reach him. Even his parents are asking me if I have ever […]
Q&A – 7 June 2021
June 7, 2021 in Q&A /by fbadmin1Presumption of spouse’s death My husband left Tanzania for overseas to look for employment. In the first five months of his arrival overseas he was phoning me almost every two days. Now it is 4 years and he has not phoned and I have also failed to reach him. Even his parents are asking me […]
Period for erection of a building
May 31, 2021 in Property and Planning Law /by fbadmin1In 2016 I was given a building permit by the Municipal Council to start erecting a building on my plot. Because my business was not doing well, I was unable to start the project till January this year. Surprisingly, the Municipal Authority has served me with a letter ordering me to stop the project with […]
Deactivation of SIM cards
May 31, 2021 in Commercial Law, Business Disputes and IP /by fbadmin1I registered my SIM card in 2017 but left Tanzania 2 years ago to pursue studies abroad. When studying abroad, I stopped using my sim card but kept it in a secure place so that I could reuse it when back. Now that I am back I am surprised to be told by my friends […]
Application for parentage of a child
May 31, 2021 in Children, Relationships, Marriage and Divorce Law /by fbadmin1I impregnated a woman 10 years back but have never provided maintenance costs for the child since she was born, nor have I declared to anybody that I am the biological father of the child. My child’s mother passed away recently and the child is now staying with her aunt. What can I do to […]
Q&A – 31 May 2021
May 31, 2021 in Q&A /by fbadmin1Application for parentage of a child I impregnated a woman 10 years back but have never provided maintenance costs for the child since she was born, nor have I declared to anybody that I am the biological father of the child. My child’s mother passed away recently and the child is now staying with her […]
First right of refusal, tenant in property
May 24, 2021 in Consumer and Claimant Rights, Disputes Between Individuals /by fbadmin1I have been a tenant in a property for the past many years. Three months ago I was served with a notice to vacate the premises on grounds that the property had been sold. Is there no law that the landlord should have offered it to me before selling it in the market? MV, Mwanza […]
Selling of prescription medicine
May 24, 2021 in Consumer and Claimant Rights, Criminal Law /by fbadmin1During this time of COVID-19 some people have been buying Azithromycin and other drugs without any form of prescription for self-medication in case they are symptomatic. Don’t we have any law that regulates the business of selling medicine to final consumers? In other countries a pharmacist cannot sell certain types of drugs to the final […]
Impregnating a schoolgirl
May 24, 2021 in Criminal Law /by fbadmin1My son aged 17 years is charged with an offence of impregnating a schoolgirl who is apparently aged 19 years. I wonder why my son is being charged while the girl consented, and why the girl is not charged for having sexual intercourse with someone below the age of 18 years? Why does the law […]
Q&A – 24 May 2021
May 24, 2021 in Q&A /by fbadmin1Impregnating a schoolgirl My son aged 17 years is charged with an offence of impregnating a schoolgirl who is apparently aged 19 years. I wonder why my son is being charged while the girl consented, and why the girl is not charged for having sexual intercourse with someone below the age of 18 years? Why […]
Disclosure of Beneficial Ownership Regulations Released
May 19, 2021 in Legal Update /by fbadmin1Legal Update – 19 May 2021
Suing the Judiciary
May 17, 2021 in Lawyers, Statutory Interpretation and Court Procedures /by fbadmin1I would like to know if the High Court or subordinate Court can be sued for recovery of the Court fees it has overcharged which it refuses to refund after several demands. What is the procedure for suing the Court and which Court has jurisdiction to hear a case against the Court? I also want […]
Wearing a police uniform
May 17, 2021 in Lawyers, Statutory Interpretation and Court Procedures /by fbadmin1I bought a secondhand skirt and blouse from a mitumba shop that looks like a uniform normally worn by female prison wardens. My friends are telling me that it is an offence to wear such clothes and I can be prosecuted if am found wearing it. Is there any legal substance in this threat? TT, […]
Presumption of death
May 17, 2021 in Lawyers, Statutory Interpretation and Court Procedures /by fbadmin1My father was fisherman. Last year he and his colleague left home and went to the ocean for fishing. Since then, we have never heard from him or his colleagues. Considering it was windy the day they left home, we suspect their canoe might have capsized and they must have died in the ocean. We […]
Q&A – 17 May 2021
May 17, 2021 in Q&A /by fbadmin1Presumption of death My father was fisherman. Last year he and his colleague left home and went to the ocean for fishing. Since then, we have never heard from him or his colleagues. Considering it was windy the day they left home, we suspect their canoe might have capsized and they must have died in […]
Assigning power of attorney
May 10, 2021 in Lawyers, Statutory Interpretation and Court Procedures, Matters of Court Procedure & Ethics, Dealing with Lawyers /by fbadmin1I have been granted a power of attorney to assist someone in a land transaction. I have no time to act. Can I assign or delegate this power of attorney to someone else who is equally competent to act. RB, Dar A Power of Attorney (POA) is a written authorisation to represent or act on […]
Use of money obtained from mortgage
May 10, 2021 in Commercial Law, Business Disputes and IP, Consumer and Claimant Rights /by fbadmin1I am a Tanzanian who has been living overseas for 10 years. I have not taken citizenship of the country where I am living and continue to own a registered land in Tanzania which I inherited from my father. I want to mortgage my land to obtain money from one of the foreign banks in […]
Selling Helmeted Guinea Fowl
May 10, 2021 in Consumer and Claimant Rights /by fbadmin1I am a small entrepreneur who sells chicken and Helmeted Guinea Fowls at our local market. My friends inform me that it is illegal to sell Helmeted Guinea Fowls. Is there any truth in this? PE, Dar Helmeted Guinea Fowl known as Kanga in Kiswahili, although commonly raised in many households in Tanzania, is a […]
Corporal punishment in schools
May 10, 2021 in Children, Relationships, Marriage and Divorce Law, Consumer and Claimant Rights, Matters of Court Procedure & Ethics, Dealing with Lawyers /by fbadmin1My son aged 6 years has refused to go to school because his class teacher strikes him. Do we have any law that regulates administration of corporal punishment in schools? Does the law allow striking a child who is only 6 years old? I find this a colonial practice which has no room in our […]
Q&A – 10 May 2021
May 10, 2021 in Q&A /by fbadmin1Corporal punishment in schools My son aged 6 years has refused to go to school because his class teacher strikes him. Do we have any law that regulates administration of corporal punishment in schools? Does the law allow striking a child who is only 6 years old? I find this a colonial practice which has […]
Pension to inmates
May 3, 2021 in Criminal Law /by fbadmin1My father worked for the Government until he retired at the age of 60 years. He was paid a lump sum amount and was then under monthly pension. In September last year he was convicted of an offence that he committed after retirement and since third quarter last year the Pension Fund has stopped paying […]
Marrying while in secondary school
May 3, 2021 in Criminal Law, Family, Relationships, Wills & Probate /by fbadmin1My son is a form five student in a private school and just turned 19. I want him to marry before he completes his form six because I wish to have a grandchild and he is the only child I have. Considering he is above 18, can I proceed? PT, Mwanza Generally, marriage in Tanzania […]