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Legal Update – 29 March 2021
About fbadmin1
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Entries by fbadmin1
Notice pay subject to pension deduction
March 29, 2021 in Employment and Immigration Law /by fbadmin1I work for a private company and recently signed a mutual separation agreement with my employer. One of the terminal dues agreed upon was 3 months’ remuneration in lieu of notice of termination of my employment. When I went to collect my terminal dues I was surprised to be told that my 3 months’ notice […]
Child born without a marriage
March 29, 2021 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1When I was a teenager I had sexual intercourse with a girl and got a child with her. Since I was still in school, I did not marry her. Recently I learnt that my child was attending secondary school but staying with her grandmother and her mother is married to another man. Last year I […]
Pledging of pension benefits
March 29, 2021 in Employment and Immigration Law /by fbadmin1I work for a private company and contribute to the National Social Security Fund. I took a personal loan from a savings and credit cooperative society popularly known as a SACCOS and pledged my pension benefit as a security for the loan. Am I allowed to do that and Is this contract valid in law? […]
Selling charcoal and money laundering
March 29, 2021 in Money Laundering and Corporate Criminality /by fbadmin1My aunt was found selling charcoal without a permit to sell or buy forest produce. At the time of her arrest she had already sold a number of bags of charcoal and had some amount of cash in her poach. She is now being charged with selling forest produce without a licence contrary to the […]
Q&A – 29 March 2021
March 29, 2021 in Q&A /by fbadmin1Selling charcoal and money laundering My aunt was found selling charcoal without a permit to sell or buy forest produce. At the time of her arrest she had already sold a number of bags of charcoal and had some amount of cash in her poach. She is now being charged with selling forest produce without […]
Squatter regularisation schemes
March 22, 2021 in Property and Planning Law /by fbadmin1I live in a squatter and have been informed by our Mtaa Chairman that the Government intends to regularise our settlements and we shall be given a certificate of occupancy at the end of the regularisation project. Because in the squatter we have very small plots, I am afraid my plot may be merged with […]
Female Police searching a male suspect
March 22, 2021 in Criminal Law /by fbadmin1I was put under arrest for a certain offence and taken to the police. Surprisingly, although I am a man, I was searched by a female police officer. Is this allowed under our laws? AJ, Arusha Unfortunately there is no express provision of the law that bars a female police from searching the body of […]
Requirements for running game meat butcher
March 22, 2021 in Commercial Law, Business Disputes and IP /by fbadmin1I am running a beef butcher. I want to switch to a game meat butcher. What am I supposed to do to change the nature of business from beef selling to game meat selling? MM, Simiyu Game meat selling is highly regulated in order to safeguard against poaching. The compliance requirements for operating a game […]
Q&A – 22 March 2021
March 22, 2021 in Q&A /by fbadmin1Requirements for running game meat butcher I am running a beef butcher. I want to switch to a game meat butcher. What am I supposed to do to change the nature of business from beef selling to game meat selling? MM, Simiyu Game meat selling is highly regulated in order to safeguard against poaching. The […]
Time limit for interrogation
March 15, 2021 in Criminal Law /by fbadmin1I was taken in for police interview and spent the entire day from 9am to 7pm, and then admitted to bail after having to plead with the officer that I did not want to be held in custody as it was a minor bailable offence which i was denying in any case. I was told […]
Alternate job refusal, applicability of severance
March 15, 2021 in Employment and Immigration Law /by fbadmin1We are carrying out restructuring of our company and have decided to phase out some of the positions in the new organisational structure. One of our employees whose position has been phased out in the new structure has refused an alternative job we offered him in another company of ours. She is arguing that she […]
Intercourse as a form of treatment
March 15, 2021 in Criminal Law /by fbadmin1If a traditional healer prescribes sexual intercourse with a client as a form of examination or treatment for an ailment and the client consents on belief that she will get healed, does that constitute rape? PO, Dar It is an unethical and an offence for a traditional healer to have sexual intercourse with a client. […]
Q&A – 15 March 2021
March 15, 2021 in Q&A /by fbadmin1Intercourse as a form of treatment If a traditional healer prescribes sexual intercourse with a client as a form of examination or treatment for an ailment and the client consents on belief that she will get healed, does that constitute rape? PO, Dar It is an unethical and an offence for a traditional healer to […]
Beehive in neighborhood
March 8, 2021 in Environmental and National Heritage Law /by fbadmin1My neighbor has placed a number of beehives in a tree whose shade gets into my house. I am very conscious about my beauty and thus use perfumes and lotion with strong scents. I am worried the bees might attack me because of this scent. What can I do legally? LJ Arusha The law which […]
Offence of forgery
March 8, 2021 in Criminal Law /by fbadmin1I asked my friend to collect my rent allowance from our cashier on my behalf. After taking the money he signed the pay-list on my behalf. He is now being accused of forgery on the ground that he signed the pay-list purporting to be me. Is there anything wrong he did as the money was […]
Regulation of advertisement of traditional medicine
March 8, 2021 in Consumer and Claimant Rights /by fbadmin1I have been seeing advertisements of traditional and alternative medicine remedies that are claimed to have the efficacy of enlarging male sexual organs and even boosting men’s sexual power amongst others. Is there any law that regulates these immoral advertisements of such traditional and alternative medicine remedies? PP, Dar Advertisements of traditional and alternative medicine […]
Q&A – 8 March 2021
March 8, 2021 in Q&A /by fbadmin1Regulation of advertisement of traditional medicine I have been seeing advertisements of traditional and alternative medicine remedies that are claimed to have the efficacy of enlarging male sexual organs and even boosting men’s sexual power amongst others. Is there any law that regulates these immoral advertisements of such traditional and alternative medicine remedies? PP, Dar […]
A woman’s duty to maintain a former husband
March 1, 2021 in Children, Relationships, Marriage and Divorce Law /by fbadmin1I am married to a salaried woman. I fell ill and became totally paralysed and my wife has deserted me. I am now depending on Samaritans to survive. May I know if the law allows a man to petition for maintenance orders against a woman? II, Mtwara Section 115(2) of the Law of Marriage Act […]
Stealing a lost property
March 1, 2021 in Criminal Law /by fbadmin1I lost my mobile phone on my way home from a bar. My phone has my picture on the screen. One of my neighbour’s who knows me very well and is able to identify me from my picture on the phone found my phone but instead of bringing the phone to me, he sold it […]
Reckoning of time for instituting employment dispute
March 1, 2021 in Employment and Immigration Law /by fbadmin1have an employment contract for an unspecified time. My employment contract requires my employer to give me three months’ notice if he wants to terminate my employment. I received termination notice from my employer last week. I would like to know when the limitation period will start running against me. Will it start after the […]
Enforcement of foreign maintenance orders
March 1, 2021 in Children, Relationships, Marriage and Divorce Law /by fbadmin1I was married to a Tanzanian. Our marriage was contracted in the United Kingdom and ended having a matrimonial dispute which ended up in Court in the UK. The UK Court granted me a judgment and divorce and ordered my former husband to pay maintenance allowance to me and our three children. Immediately after the […]
Q&A – 1 March 2021
March 1, 2021 in Q&A /by fbadmin1Enforcement of foreign maintenance orders I was married to a Tanzanian. Our marriage was contracted in the United Kingdom and ended having a matrimonial dispute which ended up in Court in the UK. The UK Court granted me a judgment and divorce and ordered my former husband to pay maintenance allowance to me and our […]
Mentally challenged wife
February 21, 2021 in Children, Relationships, Marriage and Divorce Law /by fbadmin1I celebrated a Christian marriage with a girl 5 years ago. Recently my wife fell sick with malaria and was mis-diagnosed and treated with wrong medication. She then fell into a coma and was hospitalized for 3 months before being discharged. Ever since her discharge she is mentally challenged and cannot eat, take a bath or walk on her own. I […]
Committing a child to prison
February 21, 2021 in Children, Relationships, Marriage and Divorce Law /by fbadmin1I would like to know if the principle of the best interest of the child allows admitting a child to bail if the child is charged with an unbailable offence. What rules of procedure are applicable where a child is tried for a criminal offence by the High Court either alone or jointly with adults? […]