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.``

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.