Maturo Law Associates & Co. Advocates

02/06/2026

OPPOSITION TO THE INTERPRETATION OF SECTION 13 OF THE CIVIL PROCEDURE CODE ADOPTED IN KOLON GLOBAL CORPORATION v PIPES INDUSTRIES COMPANY
BY DICKSON ABRAHAM MATURO ESQ.
1. The decision in Kolon Global Corporation v Pipes Industries Company Limited is bad in law and should not be followed insofar as it holds that section 13 of the Civil Procedure Code is merely declaratory, and that failure to undertake bona fide steps before instituting proceedings has no jurisdictional consequence.
2. Parliament introduced section 13 as part of the legislative policy aimed at reducing unnecessary litigation and promoting amicable settlement of disputes before resorting to judicial proceedings. The use of mandatory language in section 13(1), requiring parties to take bona fide steps to resolve disputes prior to commencing proceedings, demonstrates a legislative intention to impose a condition precedent to litigation rather than a mere procedural guideline.
3. The learned Judge erred in concluding that because section 13 does not expressly prescribe a sanction for non-compliance, no consequence follows. It is a settled principle of statutory interpretation that where a statute creates a mandatory obligation intended to achieve a specific public purpose, compliance may be implied as a prerequisite even in the absence of an express penalty. Courts routinely infer legal consequences from mandatory statutory requirements where such consequences are necessary to give effect to legislative intent.
4. The interpretation adopted in Kolon Global Corporation effectively renders section 13 redundant. If a party may institute proceedings without taking bona fide steps and suffer no procedural consequence, then the statutory requirement becomes meaningless. Parliament is presumed not to legislate in vain. Every provision of a statute must be given effective meaning and practical operation.
5. The Court further erred in relying on principles of access to justice to negate the mandatory requirement under section 13. Access to justice is not absolute and may lawfully be regulated by procedural conditions imposed by statute. Numerous statutory requirements, including limitation periods, mandatory notices and exhaustion of alternative dispute resolution mechanisms, operate as lawful preconditions to litigation without offending constitutional principles.
6. The concern expressed by the Court regarding possible limitation consequences cannot justify disregarding the clear wording and purpose of section 13. Where Parliament has imposed a mandatory pre-litigation obligation, courts are bound to enforce it. Any perceived hardship resulting from the statutory scheme is a matter for legislative amendment rather than judicial rewriting of the provision.
7. Furthermore, the existence of court-annexed mediation under the Civil Procedure Code does not render section 13 superfluous. The two mechanisms operate at different stages. Section 13 promotes dispute resolution before the commencement of proceedings, while court-annexed mediation operates after proceedings have already been instituted. The provisions are complementary rather than inconsistent.
8. It is the better interpretation of section 13 that bona fide steps towards amicable settlement constitute a mandatory pre-condition to the institution of civil proceedings. A plaintiff who commences proceedings without complying with that requirement files a premature suit liable to be struck out or stayed until compliance is demonstrated.
9. Accordingly, I URGE Courts to decline to follow the reasoning in Kolon Global Corporation v Pipes Industries Company Limited and instead adopt the line of authorities holding that compliance with section 13 of the Civil Procedure Code is mandatory and a condition precedent to the exercise of the Court's jurisdiction.

10/05/2026

Makosa ya msingi ambayo watu wengi hufanya bila kujua kwenye manunuzi ya ardhi hapa Tanzania yanaweza kusababisha kupoteza fedha, kesi za muda mrefu au hata kupoteza umiliki kabisa wa ardhi. Kwa mujibu wa sheria za Tanzania, haya ni baadhi ya makosa makubwa ya kuepuka.

Kununua ardhi bila kufanya “Official Search” Watu wengi huamini maneno ya muuzaji bila kuthibitisha taarifa kwa Msajili wa Ardhi. Official Search hukusaidia kujua.

Mmiliki halali ni nani

K**a ardhi ina rehani (mortgage)

Ina mgogoro au zuio la kisheria

K**a hati ni halali

Kutegemea mauziano ya mdomo Kwa mujibu wa sheria, mauziano ya ardhi yanapaswa kuwa kwa maandishi na kusainiwa kisheria.

Makubaliano ya maneno pekee yanaweza kuwa vigumu kuthibitisha mahakamani.

Kununua bila kuthibitisha umiliki wa muuzaji Si kila mwenye hati ndiye mmiliki halali.

Wakati mwingine,
Hati inaweza kuwa ya kughushi
Muuzaji anaweza kuwa hana mamlaka ya kuuza ardhi,
inaweza kuwa ya urithi bila ridhaa ya warithi wengine.
Kutokagua mipaka ya ardhi Watu hununua kwa kuonyeshwa eneo bila survey rasmi. Baadaye hugundua,
Wameingia eneo la jirani
Eneo lipo kwenye hifadhi ya barabara
Kuna mgogoro wa mipaka
Kulipa fedha zote kabla ya uhamisho kukamilika Hili ni kosa kubwa sana. Ni salama zaidi malipo kufanyika kwa utaratibu wa kisheria unaolinda pande zote hadi transfer ikamilike.
Kupuuza ushauri wa wakili Wengi huona gharama ya wakili ni kubwa, lakini baadaye hupata hasara kubwa zaidi. Wakili anakagua:
Uhalali wa nyaraka
Masharti ya mkataba
Hatari za kisheria zilizojificha
Kununua ardhi yenye mgogoro K**a kuna kesi mahakamani, mgogoro wa kifamilia, au madai ya kimila, unaweza kununua tatizo badala ya mali.
Kutofanya transfer ya umiliki Baadhi ya wanunuzi huishia na sale agreement pekee bila kusajili transfer. Kisheria, kutosajili kunaweza kukuacha bila ulinzi kamili wa umiliki.
Kupuuza ridhaa muhimu za kisheria Katika baadhi ya ardhi,
Inahitaji consent ya spouse
Ridhaa ya wanakijiji
Idhini ya mamlaka husika Kukosekana kwa ridhaa hizo kunaweza kubatilisha mauziano.
Kununua ardhi kwa haraka kutokana na bei ndogo Bei ya chini sana mara nyingi huwa ishara ya,
Mgogoro
Hati bandia
Umiliki tata
Ulaghai

Kwa kifupi, kwenye manunuzi ya ardhi hapa Tanzania, hatua ndogo za ukaguzi wa kisheria zinaweza kukuokoa dhidi ya hasara kubwa sana baadaye. Kabla ya kulipa hata shilingi moja, hakikisha kuna uhakiki wa nyaraka, official search, na ushauri wa wakili mwenye uzoefu wa masuala ya ardhi.

Wasiliana basi kwa Msaada kamili.

04/05/2026

Sale of shares, key points for negotiating the Contract.

The sale of shares in a company, also known as a share deal, is a strategic transaction that allows for the transfer of control and ownership of a company without the need to dispose of its assets individually. Unlike an asset deal, where specific assets are sold,a share deal involves the transfer of all or part of the shares in the legal entity, with all the inherent advantages and risks.

From a legal and commercial point of view, negotiating a contract for the sale of shares in a company requires a thorough analysis of various aspects. A mistake in the negotiation or poorly worded clause can lead to unexpected liabilities or the nullity of the sale.

Our commercial Lawyers can help you with any questions you may have about matters affecting your company or business. Contact them.

01/05/2026

Happy Workers’ Day.

On this special occasion, Maturo Law Associates & Co. Advocates extends its sincere appreciation to all workers for your dedication, resilience, and invaluable contributions to our society and economy. Your hard work continues to shape a better future for our communities and nation at large.
We celebrate your commitment, honor your efforts, and encourage you to keep striving for excellence while upholding integrity and professionalism in all that you do.
Wishing you a restful and rewarding Workers’ Day.

Maturo Law Associates & Co. Advocates

13/02/2026

Be guided accordingly

Presumption of Marriage isn't in itself a formal marriage capable of being dissolved under section 107 of the Law of Marriage Act, Cap 29 R.E.2019.

Though,
Courts have power to order distribution of property once a presumption of marriage is rebutted under section 160(2) of the law supra just like in dissolution of marriage or separation,

Proviso,

Provided that there's evidence to prove that the property was acquired jointly during the cohabitation.

Soma sheria na mimi,
Read the law with me.

04/11/2025

Welcome to Maturo Law Associates & Company Advocates, where excellence, integrity, and commitment to justice define who we are.

At Maturo Law Associates & Co. Advocates, we are dedicated to providing professional, reliable, and client-focused legal services.

Our team of skilled advocates and consultants brings together years of experience across diverse areas of law from corporate and commercial matters to litigation, conveyancing, and legal advisory.

We believe that every client deserves personalized attention, clear legal guidance, and practical solutions that deliver real results.

Our mission is to uphold the rule of law, promote fairness, and deliver justice with integrity.

At Maturo Law Associates, we go beyond legal representation, we are your trusted legal partners.

Maturo Law Associates & Co. Advocates. Your Justice. Our Commitment.

27/09/2025

Working with a Lawyer

Working with a lawyer is important because they provide expert legal advice, help protect your rights, and ensure you follow the law correctly. They can represent you in court, draft legal documents, and help you avoid costly mistakes. Lawyers are especially useful in complex matters like business, property, family issues, or criminal cases.

Karbu tukuhudumie. Welcome, we are here to serve you.
Maturolawassociates.co.tz

24/07/2025

in the years of litigation, I offer 3 key principles for trial practice:

1. DEVELOP A STRONG CASE THEORY
Trial legend James W. McElhaney taught that the moment you get a case file, begin to develop your trial theme. It should blend the law with the strongest facts you can prove and presented in a logical, persuasive way.

2. PROTECT YOUR THEME
Another McElhaney rule: Never say or do anything that undercuts your theme. Sometimes, it’s better to leave a point out entirely than risk weakening your overall message.

3. PRACTICE
I rehearsed in front of the mirror.
Timed myself with a stopwatch.
Practiced in front of my wife.
Record on Zoom — watched it back, refined every word.

Competence is essential.
But when it meets preparation, good results follow.

What trial advocacy principle do you live by?

credit to Adv. Louis Hockman.

04/06/2025

Islamic inheritance in Tanzania exists within a unique legal framework where Islamic (Sharia) law is recognized for specific communities under certain conditions. Here's an overview of how Islamic inheritance is practiced and governed in Tanzania:

Overview of Inheritance Law in Tanzania

Tanzania has a pluralistic legal system comprising statutory law, customary law, and religious law. The main sources of law regarding inheritance include:

1. The Law of Succession Act (for mainland Tanzania)

2. The Indian Succession Act (applicable in some parts of Tanzania)

3. Customary law (for African traditional practices)

4. Islamic law (for Muslims)

In cases involving Muslims, Islamic inheritance law is generally applied, especially in personal matters like succession, marriage, and divorce.

Application of Islamic Inheritance Law

Legal Recognition

Islamic inheritance is recognized under The Probate and Administration of Estates Act [Cap 352 R.E. 2002]. For Muslims, matters of inheritance are typically resolved according to Islamic principles unless explicitly excluded by a will or contested in civil court.

Conditions for Applying Islamic Law

The deceased must be a Muslim.

The heirs and beneficiaries must be Muslims.

There must be no valid objection by an interested party.

The estate must not be governed by other overriding legal principles.

Principles of Islamic Inheritance

Islamic inheritance law is primarily based on the Qur’an, Hadith, and the interpretations of Islamic scholars. Some key principles include:

1. Fixed Shares (Faraid):

Quranic verses (e.g., Surah An-Nisa: 11-12, 176) specify shares for parents, spouses, children, and siblings.

Male heirs generally receive double the share of female heirs (e.g., a son receives twice as much as a daughter).

2. Immediate Family First:

Inheritance prioritizes immediate relatives like children, parents, and spouses.

More distant relatives (e.g., cousins) inherit only if closer heirs are absent.

3. Exclusion Rules:

Certain heirs can exclude others; for instance, children may exclude siblings from inheriting.

4. No Inheritance for Non-Muslims (under traditional rules):

Generally, a non-Muslim cannot inherit from a Muslim and vice versa, unless provided otherwise by civil law.

Administration of Islamic Estates in Tanzania

Kadhi’s Courts (in Zanzibar) and informal Islamic councils (on the mainland) often play a role in administering estates.

In practice, especially on the mainland, Islamic inheritance is sometimes handled through local mosques, family elders, or legal professionals with knowledge of Sharia.

Disputes can be brought to civil courts, which may refer to Islamic law if all parties are Muslim.

Challenges and Considerations

1. Conflicts Between Systems:

Disputes can arise when secular courts or customary practices conflict with Islamic principles.

Especially in mixed-faith families, determining the applicable inheritance law can be complex.

2. Gender Issues:

The different shares for men and women have sparked debate, especially in urban and progressive communities.

3. Lack of Awareness:

Many families are unaware of the specific rules of Islamic inheritance, leading to informal distributions that may not align with Sharia.

4. Limited Role of Islamic Courts (on the Mainland):

Unlike in Zanzibar, where Kadhi's Courts have legal authority, mainland Tanzania lacks formal Sharia courts, limiting enforcement of Islamic rulings.

Islamic Inheritance in Zanzibar

Zanzibar has a semi-autonomous legal system where Kadhi’s Courts have jurisdiction over personal matters for Muslims, including inheritance. This means:

Islamic inheritance laws are applied more formally.

Court-recognized rulings align with traditional Islamic jurisprudence.

Conclusion

Islamic inheritance in Tanzania operates within a pluralistic legal environment. While it is formally recognized and practiced, especially among Muslim communities, its application depends on a mix of religious, customary, and statutory considerations. In Zanzibar, it has greater legal backing, while on the mainland, it is more reliant on family agreements and civil court interpretations. Despite its foundation in divine principles, its practice often intersects with socio-cultural and legal realities.

28/04/2025

DATA CONTROLLER AND DATA PROCESSOR
DATA CONTROLLER

This is a natural person, legal person or public body which alone or jointly with others determines the purpose and means of processing of personal data; and where the purpose and means of processing is determined by law, Data Controller is the natural person, legal person or public body designated as such by that law and it includes his representative

EXAMPLE OF DATA CONTROLLER: At the health facility a doctor collect patient personal information, will be the data controller for the personal data processed in connection with this notification system because it is in control of the purposes and means of the data processing. Also, when businesses use digital platform such as social media or google workspace for internal communication and collaboration, that business family will be data controller and that digital platform is the data processor.
DATA PROCESSOR

This is a natural person, legal person or public body which processes personal data for and on behalf of the controller and under the data controller instruction, except for the persons who, under the direct authority of the controller, are authorized to process the data and it includes his representative. A data processor collect data from controller with different purpose such as for conducting commercial or non-commercial activities, education or research, and implementing various IT processes.

EXAMPLE OF DATA PROCESSOR: A software company delivering Marketing and Advertising Software -MAS to customers. If the customers of the Marketing and Advertising company add personal data from data collector/controller, then the Marketing and Advertising Company would then be a data processor.
ROLES AND RESPONSIBILITIES OF DATA CONTROLLERS AND DATA PROCESSORS

1: The data controller in essence

2: Oversees how data is used

3: Controls and supervises the duties of the data processor, and

4: Ensures that data is used,

5: Stored, and

6: Processed by the guidelines of the Commission.

They also oversee the process from obtaining data consent to enabling data usage for the required process.

The Member of Parliament (Hon. Nape Moses Nnauye) in Group Photo with Members of the Personal Data Protection Commission Board After the Board's Inauguration