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About fbadmin1
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Entries by fbadmin1
Q&A – 29 June 2020
June 29, 2020 in Q&A /by fbadmin1Truck forfeiture due to drugs I own trucks that transport goods within and outside the country. In 2017 my driver was driving a truck containing 30 tons of fruit from Tanga to Nairobi. On the way he was arrested by police because he was apparently found carrying 50 kilograms of cannabis sativa (bhang). He was […]
Q&A – 22 June 2020
June 22, 2020 in Q&A /by fbadmin1Winding up of insolvent company I want to voluntarily wind up my company as it has more liabilities than assets? Is there any law that stops me from doing so? UD, Iringa The Companies Act, Act No 12 of 2002 states that, where it is proposed to wind up a company voluntarily, the directors of […]
Q&A – 15 June 2020
June 15, 2020 in Q&A /by fbadmin1A year and day rule Is it true that there is a rule in criminal law that if someone you attack dies after one year, you cannot be charged? IP, Moshi Our Penal Code states that if a person is not deemed to have killed another if the death of that person does not take […]
Finance Bill 2020 seeks to amend Tax Administration Act
June 14, 2020 in Legal Update /by fbadmin1Legal Update – 14 June 2020
Court of Appeal quashes tax proceedings on technicalities
June 10, 2020 in Legal Update /by fbadmin1Legal Update – 10 June 2020
Q&A – 8 June 2020
June 8, 2020 in Q&A /by fbadmin1Confusion on what to do after rejection of waiver The TRA has raised a huge assessment on our oil and gas company which is at an exploration stage and has no revenues whatsoever. We have applied for a waiver and also objected to the assessment. Our waiver application has been rejected by the TRA and […]
Q&A – 1 June 2020
June 1, 2020 in Q&A /by fbadmin1Kissing during COVID-19 Can we continue kissing during COVID-19? I am really scared of the virus and of committing an offence? How can we continue kissing? Please guide me as I feel a part of me is missing. TU, Dar This is a very interesting question. When it comes to kissing, it depends entirely who […]
Q&A – 25 May 2020
May 25, 2020 in Q&A /by fbadmin1Bailability of Money laundering There is a new case that I have heard of where there is an indication that Money Laundering is bailable. What is the background of this case? The Petitioner, one Dickson Paulo Sanga, moved the High Court in a constitutional Petition challenging the provisions of section 148(5) of the Criminal Procedure […]
Q&A – 18 May 2020
May 21, 2020 in Q&A /by fbadmin1Transport and subsistence allowance after resignation In January 2019 our Company employed a civil engineer on a two-year renewable contract. He was recruited in Dar es Salaam and posted to Morogoro where we have a branch. Two weeks ago he voluntarily resigned giving a 24 hour notice. He paid the Company a 1-month remuneration in […]
Conscience clause in contract
May 21, 2020 in Employment and Immigration Law /by fbadmin1I am a doctor from overseas, and am negotiating my contract with a hospital in Dar. The hospital expects me to do all kinds of work, and is unwilling to heed to my demand for the insertion of a conscience clause in my contract. What should I do? 7 May 2012 A conscience clause allows […]
Registration of tour guides
May 21, 2020 in Business Disputes with State Officials /by fbadmin1I grew up in one of the villages on the slopes of Mount Kilimanjaro. From time immemorial, our family has been earning its living from tour guiding activities. We have, for all this time, not been interrupted by anybody, and this experience has been passed amongst us for many generations. Recently, my older brother was […]
Government websites not updated
May 21, 2020 in Business Disputes with State Officials /by fbadmin1I am a foreign consultant. I have always noted that the websites of government departments, Ministries and also parliament are either not updated or provide information that is old, irrelevant and inappropriate. To give you an example: one website still refers to the President as being Benjamin Mkapa. The national government website still has names […]
In Court for refusal to pay garbage costs
May 21, 2020 in Business Disputes with State Officials /by fbadmin1My office is located in the Dar es Salaam city centre where, for many years, I have paid TZS 7,500 per month as garbage collection costs. Suddenly, a few months ago, the garbage collectors demanded TZS 150,000. I refused to pay the increased amount, and they refused to collect the old amount. I have now […]
Constitutionality of Bail Denial under Fire
May 20, 2020 in Legal Update /by fbadmin1Legal Update – 20 May 2020
High Court Declares Money Laundering Bailable
May 18, 2020 in Legal Update /by fbadmin1Legal Update – 18 May 2020
Work permit expiry and employment contract
May 18, 2020 in Employment and Immigration Law /by fbadmin1Our Company employed an expatriate on an unspecified term contract. The expatriate has worked for us for five years. His work permit is expiring at the end of this May and the Company does not intend to apply for its renewal. Will failure to apply for renewal amount to unlawful termination of the contract? In […]
Transport and subsistence allowance after resignation
May 18, 2020 in Employment and Immigration Law /by fbadmin1In January 2019 our Company employed a civil engineer on a two-year renewable contract. He was recruited in Dar es Salaam and posted to Morogoro where we have a branch. Two weeks ago he voluntarily resigned giving a 24 hour notice. He paid the Company a 1-month remuneration in lieu of notice according to the […]
Court cements issue of spousal consent in mortgages
May 15, 2020 in Legal Update /by fbadmin1Legal Update – 15 May 2020
Liability of directors
May 12, 2020 in Corporate and Banking Law, Shareholder Disputes /by fbadmin1As a non-executive director can I be held responsible for the actions of the company. What can I do to protect myself?FF, Moshi Directors have a fiduciary duty towards the company and its shareholders. Additionally, it is untrue that the directors can walk scot free from the conduct of the company, even if in a […]
Secret marriage and honeymoon
May 12, 2020 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1I do not want any person to attend our wedding as I want to keep it a secret. How can I go about this? Can my wife dictate having a honeymoon in addition to choosing a location? I am really struggling with funding but I also want to get married to this woman who has […]
Coronavirus and retrenchment procedure
May 12, 2020 in Employment and Immigration Law /by fbadmin1We are a travel agent in Tanzania and faced with zero business. No one is travelling because of the Coronavirus and I cannot afford to retain a large number of people. What is the retrenchment procedure and retrenchment package under the labour laws of Tanzania?ET, Dar Retrenchment is one of the reasons for termination of […]
Q&A – 11 May 2020
May 10, 2020 in Q&A /by fbadmin1In this week’s Q&A read questions on: Coronavirus and retrenchment procedure, Secret marriage and honeymoon and Liability of directors.
Tax Waiver Rejection Appeals still a Quagmire
May 8, 2020 in Legal Update /by fbadmin1Legal Update – 8 May 2020
Q&A – 4 May 2020
May 4, 2020 in Q&A /by fbadmin1In this week’s Q&A column read about: Armchair principle in Will interpretation and Delays caused by TASAC.