Court of Appeal Clarifies on the Rules of Procedure and the Parameters of the Right to be Heard Recently, the Court of Appeal of Tanzania (the Court) delivered its ruling in Civil Application No. 70/01 of 2022 and dismissed an application for rehearing of a case that was initially heard exparte (Civil Appeal No. 209 […]

High Court of Zanzibar Declares section 33(1)(a) of the Liquor Control Act Unconstitutional On 4 February 2024, the High Court of Zanzibar (the Court) declared section 33(1)(a) of the Liquor Control Act (LCA), Act No. 9 of 2020 unconstitutional and void ab initio for contravening articles 12(1),(2);13(1); 21(3); and 22(1) of the Constitution of Zanzibar. […]

High Court Clears Hospital and Doctor (Gynecologist) of Professional Negligence The High Court of Tanzania at Dar es Salaam (the Court), on 4 February 2024, ruled by clearing a hospital and a doctor (gynecologist) of professional negligence in Civil Case No. 89 of 2019. In this case, the Court provides important insights on how professional […]

Court Condemns a Banker for Negligence Involving Dishonoured Cheques The Court of Appeal of Tanzania (the Court), on 20 February 2024, delivered a judgment in Civil Appeal No. 82 of 2016 by condemning a banker for negligence as a result of the banker’s failure to honour payments on cheques. In this case, the Court provides […]

Banking and Financial Institutions (Compulsory Liquidation) Regulations Issued In terms of section 61(1) of the Banking and Financial Institutions Act, Act No. 5 of 2006 (the Act), where the resolution plan calls for liquidation of the bank or financial institution, the liquidation proceeds in terms of the provisions of section 41 and such Regulations as […]

The Mining Act Proposed for Amendment The Government of Tanzania has tabled before the National Assembly for deliberations a Written Laws (Miscellaneous Amendments) Bill, No. 4 of 2024 (the Bill). The Bill intends to amend various laws, including the Mining Act, Cap. 123 [R.E. 2019] (the Act). Meaning of Gross Value The Bill intends to […]