Entries by fbadmin1

Q&A – 31 August 2020

August 31, 2020 in /by

Minors and statute of limitation I am told that the statute of limitation for a breach under contract is 6 years. However, when the dispute arose I was only 15 years. From when does the 6-year rule start to count for me. My lawyer says that I am time barred as the 6 years start […]

Q&A – 24 August 2020

August 24, 2020 in /by

Social media abuses There is a particular person who keeps on abusing me on Instagram and now Facebook. No one seems to care and people end up commenting. It is really causing me stress and I feel I am being stalked and harassed. Is there a way I can stop this? TI, Dar Section 23 […]

Q&A – 17 August 2020

August 17, 2020 in /by

Non-consummation of marriage due to COVID-19 I am a Tanzanian married to a Kenyan and at the time COVID-19 travel restrictions were imposed by the Kenyan and Tanzanian Governments, my wife got stuck in Kenya and I am here in Tanzania. We have thus not consummated our marriage for the period of over six months […]

Q&A – 10 August 2020

August 10, 2020 in /by

Force majeure due to COVID-19 I am told that the force majeure clause will assist be in my nonperformance of a contract. Due to this pandemic, I have been unable to timely finish a construction project and am under intense pressure. Please guide me. IU, Dar A force majeure clause relieves a party from performing […]

Q&A – 3 August 2020

August 3, 2020 in /by

Terminating an employee charged in Court A Human Resource Manager of our Company was arrested by the Prevention and Combating of Corruption Bureau (PCCB) and charged in Court with the offence of corrupt transaction in employment. It is alleged that he asked for a bribe from one of the applicants for a security guard’s position […]

Q&A – 27 July 2020

July 27, 2020 in /by

Applicability of Customary, Statutory and Islamic law in Tanzania I am a law student studying for a LLB. I find it quite intriguing how there are various laws when it comes to inheritance matters amongst others. How do I know when to apply Customary, Statutory or Islamic law in a matter? Please guide. YT, Dar […]

Q&A – 20 July 2020

July 20, 2020 in /by

Sister doesn’t wish to name child My sister likes to be very different from others. For example, she got married where the dress protocol was swimwear. She then went for her honeymoon to a village where there is no power or water. She is now expecting and wishes not to name her child. Is that […]

Q&A – 13 July 2020

July 13, 2020 in /by

Compulsory HIV testing I am an accountant intending to work for a company in Dar. The company insists that it is their policy that I get a HIV/AIDS test done. Can I be forced to do so? How secretive are the results? PP, Dar The HIV and AIDS (Prevention and Control) Act 2008 answers all […]

Q&A – 6 July 2020

July 6, 2020 in /by

Constitutionality of Saturday cleaning campaign I am an active member and believer of the Seventh Day Adventist Church (the SDA church). And have always been observing the fundamental doctrines and teachings of our church which strictly dedicates the seventh day of every week (Saturday) by keeping it holy for resting, worshiping and praising the Almighty […]

Q&A – 29 June 2020

June 29, 2020 in /by

Truck 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 /by

Winding 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 /by

A 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 […]

Q&A – 8 June 2020

June 8, 2020 in /by

Confusion 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 /by

Kissing 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 /by

Bailability 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 /by

Transport 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 /by

I 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 […]