Key Note: Where successive credit facility agreements differ on the refundability of an arrangement fee, the earlier agreement’s silence creates an ambiguity that is resolved against the bank as drafter. 1.0: Brief Background of the matter The appellant, United Bank for Africa (Tanzania) Limited, a licensed commercial bank, extended credit facilities to the respondent, […]
Key Note: An application for review must disclose a manifest error on the face of the record that is obvious, patent and self-evident; complaints inviting re-evaluation of evidence or amounting to an appeal in disguise do not qualify: 1.0 Brief Background of the matter The applicant, A1 Outdoor (T) Limited, sought review of the […]
Key Note: There is no original jurisdiction of the High Court over mining disputes between a mineral rights holder and a third-party surface rights holder until the Mining Commission has first inquired into and decided the matter: 1.0: Brief Background of the matter The Plaintiff, Geita Gold Mining Limited, instituted Land Case No. 5122 […]
INTRODUCTORY REMARKS Generally, the laws and policy in Tanzania favors Alternative Dispute Resolution (ADR) Mechanisms as one of the preliminary means of resolving disputes. See for instance and to mention just a few: a) Article 107 of the Constitution of the United Republic of Tanzania, b) section 13 of the Civil Procedure Code (CPC), 3) […]
NexLaw proudly congratulates our esteemed Partners, Prof. Saudin Mwakaje and Nuhu Mkumbukwa, on their appointment to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (ICSID), a member of the World Bank Group. This prestigious appointment is a testament to their exceptional expertise, professionalism, and unwavering commitment to advancing the practice […]
This article offers a hybrid assessment of law and its impact on business by examining how intellectual property rights (IPR) promote business competitiveness by granting enterprises exclusive statutory rights over their innovations and creative ideas. The article situates the discussion in the Tanzanian context and focuses on Micro, Small, and Medium-Sized Enterprises (MSMEs). Using a […]
World Intellectual Property (IP) Day 2026 will be celebrated on April 26, 2026. This year’s theme, “IP and Sports: Ready, Set, Innovate,” reflects the growing recognition that sport is no longer just competition on the field; it is also a marketplace of brands, data, media, technology, design, and storytelling. As shown on WIPO’s website (https:// […]
The dispute stemming from the AFCON 2025 final between Senegal and Morocco marks a pivotal moment inAfrican football law, not just as a contest for a championship but as a test of the limits between sportingindependence and legal oversight. After a completed match in which Senegal won, Morocco filed a casewith CAF’s Disciplinary Board, seeking, […]
In this article, Prof. Mwakaje and his co-author engage in a rare discourse and an attempt to expose the overlooked intersection of intellectual property and environmental protection in Tanzania. The article challenges orthodox legal thinking and urges urgent reform to align IPR regimes with sustainability imperatives—offering a bold vision for green innovation governance in developing […]
Trademark law updates from Tanzania [Lakairo Industries Group Co. Limited & Others V. Kenafrica Industries Limited and Others, Civil Appeal No. 593 of 2022] • Restatement of the principle of territoriality of intellectual property rights, • The legality of trademarks registered in Tanzania through the African Regional Intellectual Property Organization (ARIPO) system, and • implications […]