Address: Plot No. 137/9, Kijenge Area, Nelson Mandela Road.
+255 765 530 550
Office Hours: 08.00 am - 17.00 pm.
[email protected]
[vc_row el_class=”main-slider revolution-slider”][vc_column el_class=”main-slider revolution-slider”][rev_slider_vc alias=”home”][/vc_column][/vc_row][vc_row][vc_column][bunch_services_4_column cat=”services-4col” sort=”date” order=”ASC” text_limit=”30″ num=”4″][/vc_column][/vc_row][vc_row container=”1″ el_class=”about-section”][vc_column width=”1/2″][bunch_about_lawyers title=”About Moses Mahuna” text=”Moses Mahuna is a lawyer based in Arusha, Tanzania, known for representing clients in high-profile legal cases. He notably represented former Hai District Commissioner Lengai Ole Sabaya and five co-accused individuals in a criminal appeal case (no. 155/2022) at the High Court Arusha Registry. The case, which involved charges of economic sabotage, was dismissed on May 3, 2024, after the Director of Public Prosecutions withdrew the appeal. Mahuna stated that Sabaya and his co-accused faced no further charges, and Sabaya was set to recover belongings, including a car and cash, held as exhibits by the Prevention and Combating of Corruption Bureau (PCCB). Mahuna emphasized that his client did not intend to seek compensation and viewed the outcome as part of “God’s plans.“” support=”Law and Litigation in Tanzania: Family Law, Insurance, Property, and Crime” sup_text=”Tanzania’s legal system is a complex blend of customary law, statutory law, and religious law, shaped by its colonial history and diverse cultural landscape. This essay explores litigation in the areas of family law, insurance, property, and crime in Tanzania, providing an overview of the legal frameworks, court processes, and challenges in these domains. With a focus on practical aspects, this discussion draws on relevant statutes, case law, and procedural norms to offer a comprehensive understanding of litigation in these areas.
Family Law in Tanzania
Family law in Tanzania is primarily governed by the Law of Marriage Act (LMA) of 1971, as amended in 2019, which regulates marriage, divorce, child custody, adoption, and inheritance. The LMA applies to all marriages—monogamous, polygamous, civil, customary, or religious—reflecting Tanzania’s pluralistic society. Litigation in family law often arises from disputes over divorce, property division, child custody, and inheritance, with courts prioritizing the principle that a marriage has “irretrievably broken down“ as the sole ground for divorce.
Divorce and Property Division: Divorce proceedings can be initiated by individuals domiciled in Tanzania or those resident for at least a year. Grounds for divorce include adultery, cruelty, desertion, or failure to provide for the family. Property division is a contentious issue, governed by Section 114 of the LMA, which empowers courts to divide matrimonial property acquired through joint efforts. Courts assess each spouse’s contribution to the household, but historically, they have been reluctant to recognize unpaid domestic work (e.g., by a housewife) as a contribution, often disadvantaging women. For instance, in Hamid Amir v. Maimuna Amir `{`1977`}` LRT 55, the court debated whether domestic services constitute “joint efforts“ for property acquisition, with outcomes varying based on judicial interpretation.
Child Custody and Marriage Age: Child custody disputes focus on the best interests of the child, considering factors like age, well-being, and parental relationships. A landmark case, Rebeca Z. Gyumi v. Attorney General (2016), challenged provisions allowing girls to marry at 15, leading to a High Court ruling that set the minimum marriage age at 18, aligning with international human rights standards. However, the government’s appeal in 2017 highlights ongoing tensions between customary practices and statutory reforms.
Inheritance and Customary Law: Intestate succession is governed by customary law and the Indian Succession Act of 1865 for non-Muslims, while Islamic law applies to Muslims. The Child Act of 2009 seeks to ensure equality in inheritance, but customary practices often discriminate against women and children, creating litigation over unequal distribution. Organizations like the Tanzania Women Lawyers Association (TAWLA) provide legal aid to address such disparities.
Insurance Law and Litigation
Insurance law in Tanzania is regulated by the Insurance Act of 2009, which governs the operations of insurance companies, policies, and dispute resolution. Litigation in this area often involves disputes over policy coverage, claim denials, or bad faith practices by insurers. The Tanzania Insurance Regulatory Authority (TIRA) oversees compliance, but disputes frequently escalate to courts.
Litigation Funding and Costs: Litigation costs in Tanzania are typically borne by the parties, with the losing party often ordered to pay a portion of the winner’s legal fees. Contingency fee agreements are prohibited, meaning litigants must fund their cases upfront. Third-party funding is not explicitly banned, and insurance for litigation costs may be available, though it is not widely used.
Case Examples: Recent cases like National Insurance Corporation (T) Ltd v. Shengena Limited `{`2020`}` 1 T.L.R. 539 and Niko Insurance (Tanzania) Ltd v. Gulf Bulk Petroleum `{`2020`}` 1 T.L.R. 554 illustrate disputes over insurance claims, often involving commercial contracts or property damage. These cases highlight the courts’ role in interpreting policy terms and ensuring fair compensation, though delays in judicial processes can frustrate litigants.” quotes=”“We can provide you with a free and confidentioal evaluation”.” btn_link=”https://www.mosesmahuna.co.tz/contact/” btn_text=”Get Inquiries Now” phone=”+255 784 321 448″][bunch_about_lawyer icon=”fa fa-pencil-square-o” img=”67″ title=”Request a Quote”][bunch_about_lawyer icon=”fa fa-gavel” img=”68″ title=”Investigation”][bunch_about_lawyer icon=”fa fa-magic” img=”69″ title=”Legal Proceeding”][/bunch_about_lawyers][/vc_column][vc_column width=”1/2″][bunch_history_details cat=”our-history” sort=”date” order=”ASC” title=”Our History” text_limit=”25″ num=”3″ images=”833,831,835″ case_num=”985″ case=”Case” won_num=”755″ won=”Won” award_num=”Won” award=”35″ running_num=”55″ running=”Running”][bunch_history_detail year=”2011″ title=”Moses Mahuna” text=”Founder, holds an honors degree in law with specialization in banking, land, company, Insurance, labor and tax law. He is an Advocate of the High Court of Tanzania with Fifteen (15) years of experience in continuous legal practice. He has vast experience in preparing and conducting cases, both civil and criminal as well as dealing with corporate, conveyances and mining related matters.
He is a member of a number of professional bodies, including the Tanganyika Law Society and East African Law Society as an elected Resident Council Member. And he is the head of litigation and the Managing Partner of the law firm.”][bunch_history_detail year=”2013″ title=”Legal Status” text=”This is one of the leading firms of Advocates in the Northern Zone. It has its offices on Plot Number 137/9, along Nelson Mandela Road, Kijenge Area within Arusha City, a branch office at Plot No. 7, 8 and 9 NSSF Kilimanjaro Commercial Complex, 2nd Floor in Moshi and an associate office in Dar es Salaam.
The firm was initially registered with the Registrar of Companies on 27th day of September, 2011 vide Certificate of Registration No 227402.”][bunch_history_detail year=”2016″ title=”Expertise and Experience” text=”Although the individual partners have a wealth of own legal experience before joining the firm, the firm’s own experience is of more than five years. The firm concentrates in providing
legal services within Arusha, Moshi, Dar es Salaam, neighboring regions and worldwide.”][/bunch_history_details][/vc_column][/vc_row][vc_row container=”1″ el_class=”two-column-fluid”][vc_column width=”7/12″][bunch_testimonial_carousel cat=”0″ sort=”date” order=”ASC” bg_img=”82″ title=”What Our Clients Say” text_limit=”30″ num=”3″][/vc_column][vc_column width=”5/12″][bunch_clients_overviews title=”What Our Clients Say”][bunch_client_overview icon=”icon flaticon-scale” title=”Fight For Justice” text=”Seeking justice in the world is a sed significant emotional and investment when we follow this call, we’re deeply.”][bunch_client_overview icon=”icon flaticon-baggage” title=”Best Case Stratergy” text=”Proving liability in plaintiffs’ personal injury and complex civil litigation can be challenging and requires relent.”][bunch_client_overview icon=”icon flaticon-people-2″ title=”Experienced Attorneys” text=”Lawyer Justice offers a broad range of opportunities for Speak Experienced attorneys to work you.”][/bunch_clients_overviews][/vc_column][/vc_row][vc_row][vc_column][bunch_our_attorneys cat=”our-attorneys” sort=”date” order=”ASC” title=”Meet Our Attorneys” num=”4″][/vc_column][/vc_row][vc_row][vc_column][bunch_consulation_form title=”Request a Free Consultation” img=”845″ consultation_form=”JTVCY29udGFjdC1mb3JtLTclMjBpZCUzRCUyMjEwNCUyMiUyMHRpdGxlJTNEJTIyQ29uc3VsdGF0aW9uJTIwRnJvbSUyMiU1RA==”][/vc_column][/vc_row][vc_row][vc_column][bunch_blog cat=”latest-news” sort=”date” order=”ASC” title=”Our Latest News” text_limit=”25″ num=”3″][/vc_column][/vc_row][vc_row][vc_column][bunch_clients description=”Sponcers”][/vc_column][/vc_row][vc_row][vc_column][bunch_visit_office office_title=”Visit Our Office” office_address=”Nelson Mandela Road,
Plot No. 137/9, Kijenge Area,
P.O.Box 11403,
Arusha – Tanzania.
website: https://www.lawaccess.co.tz/ Email: [email protected] / [email protected]” cont_title=”Get Touch With Us” phone=”Hotline Cell: +255 765 530 550 / +255 765 666 292 / +255 784 835 850 / +255 784 321 448″ email=”[email protected] | [email protected]” timing=”Office Timing” schdule=”Monday-Saturday: 08.00am to 5.00pm
Sunday Holiday: Closed”][/vc_column][/vc_row][vc_row][vc_column][bunch_google_map lat=”-37.817085″ long=”144.955631″ color=”#ffc400″ mark_title=”Envato” mark_address=”Melbourne VIC 3000, Australia” email=”[email protected]” g_map=”JTNDaWZyYW1lJTIwc3JjJTNEJTIyaHR0cHMlM0ElMkYlMkZ3d3cuZ29vZ2xlLmNvbSUyRm1hcHMlMkZlbWJlZCUzRnBiJTNEJTIxMW0xOCUyMTFtMTIlMjExbTMlMjExZDQwMjU4OS44MTU4MzU0NDA5NCUyMTJkMTQ0Ljc3Mjk1ODkxODYzNTI4JTIxM2QtMzcuOTcxNjkyODk1NzMwNTM0JTIxMm0zJTIxMWYwJTIxMmYwJTIxM2YwJTIxM20yJTIxMWkxMDI0JTIxMmk3NjglMjE0ZjEzLjElMjEzbTMlMjExbTIlMjExczB4NmFkNjQ2YjVkMmJhNGRmNyUyNTNBMHg0MDQ1Njc1MjE4Y2NkOTAlMjEyc01lbGJvdXJuZSUyNTIwVklDJTI1MkMlMjUyMEF1c3RyYWxpYSUyMTVlMCUyMTNtMiUyMTFzZW4lMjEycyUyMTR2MTY2OTk4MTEyODU2MCUyMTVtMiUyMTFzZW4lMjEycyUyMiUzRSUzQyUyRmlmcmFtZSUzRQ==”][/vc_column][/vc_row]