Faculty of Law

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    Mwakani Shehe Vs. The Republic Criminal Appeal No. 155 of 2011
    (High Court of Appeal Mbeya -Tanzania, 2013) Hon. Rutakangwa, J.A.; Hon Luanda, J.A.; Hon Juma, J.A.
    The appellant, Mwakani Shehe, was convicted by D.O. Komba, the Principal District Magistrate of the District Court of Mbarali at Rujewa. This conviction came after he was jointly tried together with Athanas Mlalilwa for the offence of Armed Robbery contrary to section 287A of the Penal Code as amended by the Written Laws (Miscellaneous Amendments) 2) Act, 2004 (Act No. 4/2004). However, Athanas Mlalilwa, the 2nd accused, was acquitted by the trial court. Particulars of this offence allege that on 13th October 2007 at about 20.00 p.m. at Ukwaheri village in Mbarali District, the two accused stole shs. 5,200,000/= from the complainant PW1 Isack Galahenga, and used a panga to slash the owner in order to obtain and retain this money which they had stolen.
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    Mazongera building...Applicant vs Diomond Trust Bank..Respondent Misc. Comm Case No.35 of 2015 Ruling Hon.Songoro ,J.
    (THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) DAR ES SALAAM, 2015) SONGORO. H . T
    On the 2/2/2015, Diamond Trust Bank the Respondent instituted asummary suit under Order XXXVof the Civil Procedure Code Cap 33[R.E 2002] against Mazongera Building Contractors Ltd, Salum Suleiman Ale, Suleiman Salum and Masoud Salum the Applicants claiming outstanding amount of shs 1,189,565,129.49 which includes a sum of 850,Million as principal sum of overdraft facility and interest advanced to the first Applicant.
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    MAULIDI SWEDI..APPE VS THE REPUBLIC..RESPO CRIM APPLI NO.2 OF 2011 HON.KIMARO,J.A
    (COURT OF APPEAL OF TABORA AT TANZANIA, 2013) KIMARO, l.A.; MANDIA, l.A.; KAIlAGE, l.A.
    The applicant was one of the appellants in the consolidated appeals which are shown above. The appeals were heard by the Court at Tabora on 2 June, 2011 and the judgment was delivered on so June, 2011.The Court dismissed his appeal. The conviction on a charge of robbery contrary to section 285 and 286 of the Penal Code, [CAP16 R.E.2002] and the sentence of thirty years imprisonment that was imposed by the trial Court and sustained by the first appeal Court were sustained.
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    Mathias Ndyuki and Others Vs Attorney General Civil Application No.144 of 2015
    (Hight Court of Dar es salaam -Tanzania, 2016) Hon. Lubuva J.A.; Hon. Munuo, J.A.; Hon. Nsekela, J.A
    This is an application by way of a Notice of Motion under Rule 10 of the Court of Appeal Rules, 2009, (the Rules). The applicants are seeking an extension of time to file a Review of the judgment of the Court in Civil, Appeal No. 32 of 2006. The Respondent Attorney General, in terms of Rule 56(1) of the Rules, filed an affidavit in reply.
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    Mathias Bundala Vs The Republic Criminal Appeal No. 62 Of 2004
    (Hight Court of Tabora -Tanzania, 2007) Hon. Lubuva J.A.; Hon Mroso, J.A.; Hon Rutakangwa, J.A.
    This is an appeal against conviction and sentence of death passed on the appellant by the High Court (Mwita, J.) sitting at Tabora.
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    Mathayo Kingu Vs The Republic Criminal Appeal No.589 of 2015
    (Court of Appeal Singida- Tanzania, 2015) Kileo, J.A; Oriyo, J.A; Juma, J.A
    This second appeal originates from the judgement of the District Court of Iramba District, in which the trial Principal District Magistrate (G. Moshi PDM) convicted the appellant, Mathayo Kingu, of the offence of rape contrary to sections 130 (1) and 131 (e) of the Penal Code as amended by the Sexual Offences (Special Provisions) Act, 1998, No. 4 of 1998. He was sentenced to life imprisonment plus twelve strokes of the cane.
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    Implementation of the right to free movement of workers in the East African Community: Examination of the law and practice
    (Mzumbe University, 2019) Makoko, Charles Elirehema
    This study examined the implementation of the right to free movement of workers in the East African Community guaranteed by the Protocol on the Establishment of the EAC common market. The study was prompted by the fact that although the protocol on the establishment of the EAC common market guarantees the right to free movement of workers in East Africa, literature seem to suggest that the municipal labour laws and policies of the EAC partner states are unfavorable to facilitate the implementation of the said right. The general introduction is provided under chapter one while chapter two presents conceptual framework of the study. Chapter three gives the legal framework for free movement of workers in East Africa. Free movement of workers in other economic communities is provided in chapter four. Research findings are covered under chapter five while chapter six gives summary, conclusion and recommendations. The study involved the three EAC founding partner states: Kenya, Uganda and Tanzania. Data from all the three states was collected mainly through documentary review. However, face to face interviews were also conducted in order to get practical experiences to complement documentary data. Interviews involved a sample of 61 persons selected through purposive sampling. The data obtained from both documentary review and face to face interviews were analysed through qualitative methods. The study found that there is partial implementation of the right to free movement of workers in East Africa. The impediments to full implementation of the right to free movement of workers is caused by diversity in labour laws and policies, conflicting immigration laws and policies and lack of political will due desire to protect domestic labour markets by partner states. Best practices in this view point can be drawn from the European Union. The study recommends for fulfillment of partner states obligations in good faith, formulation of EAC harmonization policy and other policies, enforcement of the EAC Law, harmonisation of Annex II and Article 10 of the Protocol, maintenance of institutionalism approach by the EAC partner states and adherence to the EAC directives and recommendations.
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    The qualifications of company directors and the performance of companies in Tanzania: Critical analysis of the companies Act, 2002
    (Mzumbe University, 2012) Jangu, Luckness W
    A company is in the eyes of law an artificial person, with no physical existence; neither soul nor body of its own as such it cannot act on its own, it can do so through some human agency called the directors1. These directors are entrusted with the interest of others; they are not allowed to make the business an object of interest to themselves because from the frailty of nature, one who has power will be too readily seized with the inclination to use the opportunity for serving his own interest at the expense of those for whom he is entrusted.2 This being the case the company needs to be in the proper hands of person who mans it, as the success of the company depends ultimately on the calibre of its directors and the effectiveness of the board. The law puts qualification for a person to be appointed as a director to make sure that the company is under control of a proper person who can be accountable for his own actions. Need for responsibility and accountability have impelled rules circumscribing the qualifications, conducts and responsibilities of company directors. The modern commercial world demands security and certainty when dealing with the corporate person. The companies Act, 2002 provides for the qualification of a company director to include among others, share qualification if the articles of association of the company so require, age limit from 21 to 70 years, a person not discharged bankrupt or not convicted in any offense in relation to the management of the company, and signification of consent to the registrar of companies. This research looked at the qualification of the Company directors in the Companies Act, by making an analysis to see whether the said Act is adequate or not and if not whether the inadequacy has significance impacts on the performance of the companies.
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    The assessment of challenges and prospects of capital markets development: A case study of Tanzania
    (Mzumbe University, 2013) Wanjah, A. Hamza
    This study assessed the Challenges and Prospects of Capital Markets Development in Tanzania. The specific objectives were to analyze the extent of the capital market challenges of the past fifteen years since the establishment of DSE and CMSA; to examine the achieved capital market development prospects of the past fifteen years since the establishment of the DSE and CMSA; to outline and understand the current newly emerging capital market challenges and prospects starting year 2010; and to determine the current status of the capital market development in Tanzania. The study was conducted at Dar Es Salaam City and involved a sample size of 80 respondents drawn from Top Managers and the personnel from the Dar Es Salaam Stock Exchange (DSE), the Capital Market and Securities Authority (CMSA), Brokerage Firms and Private Advocates, who were selected through random and purposive sampling techniques. The data were collected through a combination of techniques namely; interviews and questionnaires. The collected data were analyzed through the use of SPSS, discussed and presented through the use of figures, tables as well as text. The study reveals that there are challenges for the capital market development that remain unsolved since the establishment of the CMSA and the DSE, despite the prospects experienced to the market. Hence the study recommends for more reforms to our laws and policies governing the capital market business, demutualization of the DSE, Stock Markets integration so as to make the market flexible hence rapid development of the market. The findings further revealed that market is illiquid as there are few trade able securities and few investors too. That major players in the business are the pension funds, which hold assets at certain ratio at marketable prices.
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    Investment and land disputes in Tanzania: A vehicle for investment legal reform
    (Mzumbe University, 2013) lendita, Simon W
    Land is the natural vital asset owned by person or persons. Although land plays a major role in social and economic development, its management remains doubtful in Tanzania. Land has become strength of the Tanzania Investment Center in advertising and promoting investment in the country. For this reason the land laws of 1999 (Land Act No. 4 and the Village Land Act No. 5) reflect the disposition of land for investment purposes especially acquisition of land by foreign investors. Laws governing access to land remains subject to criticism as land disputes between investors who allocated land and the surrounding local communities keeps on increasing across the country. This dissertation comprises five chapters whereby Chapter one provides for the background to the problem, statement of the research problem, objective of the study, literature review and research methodology. Chapter two covers the historical background of land tenure system in Tanzania. Chapter three provides for acquisition of land for investment purposes in Tanzania; legal framework. Chapter four provides for the extent to which land laws regulate acquisition of land for investment purposes in Tanzania. The fifth chapter provides for the General conclusions and recommendations. The researcher used qualitative method in conducting the study. The sample technique employed in carrying out the study was purposive and the researcher administered questionnaires and interview to sample individuals. The study aimed to critically study and evaluate the whole process involving the acquisition of land for investment purposes and to investigate the factors contributing to land disputes between investors and surrounding local communities. This is the study carried out for academic purposes as a mandatory requirement for the award of Master‘s degree of laws (LL.M Commercial law) at Mzumbe University. The study used qualitative approach which involves literature review, interview and questionnaire