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Practice Areas
Established in January 2017 with an experienced team, our office in Dar es Salaam has developed a reputation for excellent service in the region.
Our team comprises leading corporate and commercial lawyers and dispute resolution experts. We have extensive experience in proactively managing risks and offering commercial solutions to the challenges faced by our clients in the context of mergers and acquisitions, financings, joint ventures and capital markets transactions, among others. Our expertise extends to all key sectors including aviation, consumer goods, infrastructure, real estate, resources and telecommunications. We also have significant experience in all forms of dispute resolution including commercial arbitration, litigation and intellectual property disputes.
Our lawyers work with government authorities and regulators in all fields to ensure successful outcomes for clients within the necessary time frames.
Our clients include corporates, financial institutions and the public sector, both domestic and international, with existing operations in, or planned investments into, Tanzania.
2nd Floor, The Luminary Cnr Haile Selassie and Chole Roads Dar es Salaam Tanzania
Practice Areas
Melinda is an associate in the corporate services department specialised in company secretarial services in the Dar es Salaam office.
Melinda specializes in corporate law and providing corporate services (company secretarial services) to Tanzanian companies, including subsidiaries of local and international companies.
Melinda has a Post Graduate Diploma in Legal Practice from the Law School of Tanzania and a Bachelor of Laws degree (LLB) from the University of Dar es Salaam.
Melinda previously worked at the Companies Registry of Mainland Tanzania, within the Business Registrations and Licensing Agency (BRELA).
Relevant Experience
- Assisted in migrating of company’s information into BRELA’s ORS.
- Prepared an advice on rectifications of company records and winding up of a Company at the Companies Registry.
- Attended and recorded minutes of various board/shareholder meetings and act as company secretary for numerous companies, including:
- BASF Tanzania
- The Oil & Gas Association of Tanzania (OGAT)
- SBC Tanzania Limited
- ABB Tanzania Limited
- Bamboo Rock Drilling Limited
- SGS Tanzania Superintendence Company Limited
- African Assay Laboratories (Tanzania) Limited
- Shanta Mining Co Limited
- Prepared and drafted various legal documents for regulatory and compliance matters for Tanzanian companies.
- Advised and handled incorporation and regulatory matters for various new and existing companies, NGOs and societies.
- Prepared an advice on how best to terminate employees of a Company;
- Drafted mutual separation agreements of employees of a Company; and
- Assisted in preparation of various statutory registers and share certificates.
Practice Areas
Audax Kameja is a partner in our Dar es Salaam office.
He is a commercial litigation lawyer specialising in intellectual property law and arbitration with a particular specialism in corporate restructuring. He also has experience in company law and general banking and commercial dispute resolution.
He has been involved in a wide range of regulatory matters including local and international arbitration proceedings for public utilities and other facilities built through public-private finance initiatives.
Chambers & Partners cites Audax as “valued for his expertise advising on dispute resolution proceedings, in respect of both commercial and intellectual property matters”. Legal 500 reports clients as saying that “on the contentious side, Audax Kameja has a tremendous reputation, particularly in intellectual property disputes.”
He has an LLM from the University of Glasgow in Scotland and an LLB Hons from the University of Dar es Salaam.
Relevant Experience
Audax has advised a number of clients in arbitration proceedings, including:
- The Government of Tanzania, together with Hunton and Williams LLP, on contractual regulatory and strategic matters relating to an Independent Power Project, including representing TANESCO in international arbitration proceedings regarding a high profile dispute pertaining to a 100MW power purchase agreement at the International Centre for Settlement of International Disputes (ICSID) in London.
- The Ministry of Works in commercial arbitration proceedings initiated by an Italian construction company in connection with the Bagamoyo road construction project governed by the European Development Fund Rules of Arbitration.
- Dar es Salaam Water Supply and Sewage Authority (DAWASA) in commercial arbitration proceedings in connection with a 10 year water and sewerage lease contract governed by UNCITRAL Rules, initiated by UK company City Water Services Ltd.
- Royal Insurance in local arbitration proceedings regarding a USD 3 million insurance claim.
Audax has also advised on a number of intellectual property and litigation matters, power projects and corporate restructuring transactions. These include advising:
- TANESCO, together with Hunton and Williams LLP, in a case commenced by Independent Power Tanzania Ltd (IPTL) against the Government of Tanzania, in the Southern District of New York, for enforcement of a government guarantee for TANESCO’s performance of its obligations in a power purchase agreement with IPTL.
- A wide variety of clients, including Gapco (Tanzania) Ltd, Oryx Oil Company Ltd, Tanzania Electric Supply Company Ltd, Tanzania International Container Terminal Services Ltd, Eurafrican Bank, Barclays Bank plc and SBC Tanzania Ltd in diverse litigation matters and debt collection.
- The Society for Worldwide Interbank Financial Telecommunication scrl in a trade mark dispute involving the mark PAYSWIFT.
- Viacom International Inc. in opposition proceedings against Glitz Entertainment Ltd in a trade mark dispute over the mark UNPLUGGED.
- Shinyanga Emporium (1978) Ltd in trade mark infringement (NEELAM) litigation against Kishan Enterprises Ltd before the High Court as well as before the Registrar of Trade and Service Marks in trade mark cancellation proceedings filed by Seth Industrial Corporation.
- Spice VAS Tanzania Ltd in a copyright infringement dispute against Push Mobile Media Ltd.
- Scotch Whisky Association in a trade mark dispute over McKenzie Royal Whisky.
- Glaxo Group Ltd in a trade mark dispute involving the mark ZANTAC.
- Overseas Private Investment Corporation (OPIC) on the establishment of the Kilwa Ammonium Development Project in Tanzania.
- The Bank of Tanzania in relation to the restructuring of the Meridien Biao Bank (Tanzania) Ltd and the subsequent sale of assets.
Awards
- Chambers and Partners 2018 ranked Audax in Band 3 for General Business Law: Dispute Resolution.
- Chambers and Partners 2017 ranked Audax in Band 3 for Dispute Resolution.
- Audax’s expertise in General Business Law and Dispute Resolution has been recognised by Chambers Global.
‘Audax Kameja remains one of the most notable practitioners in the Tanzanian disputes market. He is particularly highly regarded for his involvement in both local and international arbitration proceedings, and wins further recognition for his work on IP and tax disputes.’ – Chambers and Partners, 2021
‘Audax Kijana Kameja is lauded for his experience in the field by market insiders, who praise his “very strategic” courtroom abilities. His expertise encompasses a significant range of matters, from contractual disputes to tax litigation.’ – Chambers and Partners, 2020
‘Seasoned litigator Audax Kijana Kameja is highly regarded as a “very good” practitioner. Noted for his expertise in both commercial arbitration and intellectual property law, he has acted for a number of international clients on major cases at the Commercial Court, High Court and Court of Appeal. – Chambers and Partners 2019
‘Audax Kijana Kameja, a partner in the Dar es Salaam office, was one of a number to move from Mkono & Co Advocates in January 2017. He is well known as a litigation lawyer specialising in intellectual property law and arbitration. He has significant dispute resolution experience and has advised clients in major international arbitrations.’ – Chambers and Partners 2018
‘Audax Kijana Kameja recently joined Bowmans alongside several other lawyers formerly from Mkono & Co Advocates. He is recommended by interviewees as “one of the top lawyers in the courts.” Clients say: “He is very hard-working and produces very high-quality work.” He focuses on commercial litigation, including IP litigation, among other areas, as well as arbitration.’ – Chambers and Partners 2017
‘Audax Kameja is very good technically. He has a blend of solid legal knowledge and a practical sense of how to get along in Tanzania’ – Chambers Global
Practice Areas
Evarist Kameja is a senior associate in our Dar es Salaam office. Evarist specialises in oil and gas , environmental. corporate and commercial law (including intellectual property). As well as transactional advice, Evarist acts on court litigation and international commercial arbitration and advises on public international law as affects Tanzania.
Evarist has a Post Graduate Diploma in Legal Practice (PGDLP) from the Law School of Tanzania, LLM (Oil and Gas Laws with Professional Skills) from the University of Aberdeen and an LLB Bachelor of Laws (Honours) from the University of Kent in the UK.
Evarist is a member of Young International Council for Commercial Arbitration and is also a member of the Tanganyika Law Society.
Relevant Experience
- Pupillage at the Tanzania Petroleum Development Corporation (TPDC), which is Tanzania’s National Oil Company (NOC); – providing legal advice on Tanzanian petroleum laws in practice and support on commercial structural considerations after the TPDC’s transition to the NOC and PURA was created to take-over as upstream regulator
- Part of the team that advised a multinational drink and breweries holdings company in its Tanzanian Fair Competition Commission filings 2016.
- Conducting legal due diligence on the acquisition of a Tanzanian telecommunications tower company.
- Part of the team providing company secretarial services to the Oil and Gas Association of Tanzania (OGAT), the petroleum industry trade group.
- Advising an international financial services company in respect of a USD 5 million Tanzanian law corporate guarantee to one of East and Central Africa’s fastest growing energy trading and transportation conglomerates.
- Part of the team advising a major multi-national mining company on various regulatory matters arising in Tanzania by virtue of recent changes to Tanzanian mining law.
- Advising a major household name financial, software, data, and media company concerning a Multilateral Trade Facility, FX interbank Matching System and other Tanzanian law issues.
- Part of the team that conducted legal due diligence on one of the largest insurance company in Tanzania.
- Part of the team that conducted due diligence on one of the largest insurance brokers in Tanzania.
- Advising numerous high-profile international investors on setting up companies and businesses in various industries in Tanzania; including in the manufacturing, financial services, construction, shipping and oil and gas industries, amongst others.
- Advising an independent Middle Eastern oil trading and shipping company on registering for the bulk procurement system for imports of petroleum products into Tanzania.
- Part of the Team advising a European embassy on corporate and ligation matters in Tanzania, including a dispute relating to a petroleum distribution company.
- Acting for the buyer of a five-star hotel and associated franchise rights, including due diligence.
- Advising a telecommunications company on offering VOIP services to an international oil company with upstream concessions in Tanzania.
- Advising a major global provider of outsourced services to banks and other financial institution in respect of provision of services to Tanzanian institutions.
- Advising numerous clients on intellectual property law (particularly trademarks and patents) both on contentious and non-contentious matters. Highlights include advising a major global conglomerate headquartered in India on suing a company for passing off in Tanzania.
* some experience gained prior to joining Bowmans
Practice Areas
Francis Kamuzora is a senior associate in our Dar es Salaam office.
He has more than 10 years’ experience advising clients on intellectual property law (particularly trade marks and patents, both contentious and non-contentious), tax, employment and general commercial law. He has handled numerous tax and employment, capital markets and securities, anti-trust and litigious matters.
Relevant Experience
Highlights of Francis’ experience include:
Intellectual Property Litigation:
- Representing Godrej Consumer Products Limited before the High Court of Tanzania in a Passing-off action against Target International (T) Limited involving Defendant’s imitation of Godrej’s HIT products;
- Representing Godrej Consumer Products Limited before High Court of Tanzania and the Court of Appeal of Tanzania in proceedings for restoration of a cancelled Trade Mark against HB Worldwide Limited, involving cancellation of Godrej’s HIT Trade Mark from the Register of Trade Marks on allegations of none-use;
- Representing Godrej Consumer Products Limited before the High Court and Court of Appeal in relation to Opposition proceedings against HB Worldwide Limited and the Registrar of Trade and Service Marks involving an attempted registration of the “HIT” Trade Mark by HB Worldwide Limited;
- Representing Shinyanga Emporium (1978) Ltd before the High Court of Tanzania in Trade Mark infringement (NEELAM) litigation against Kishan Enterprises Ltd, and also before the Registrar of Trade and Service Marks in trade mark cancellation proceedings filed by Seth Industrial Corporation.
- Representing Sineria Holland B.V. in proceedings for cancellation of several registered Trade Marks against in the name of Sineria Holland B.V. by Mukpar Tanzania Limited on allegations of none-use;
- Representing Enterprise Holdings Inc. in Opposition proceedings against Easy Travel and Tours Limited involving an imitation of Enterprise Holsings Inc. Stylized “e” Trade Mark.
- Representing Budweiser Budvar National Corporation before the Registrar of Trade and Service Marks in Trade mark Opposition proceedings involving the BUDWEISER Trade Mark.
- Representing Philip Morris Products SA in Trade Mark before the Registrar of Trade and Service Marks in Opposition proceedings involving the MARLBORO Rooftop device.
- Representing Viacom International Inc. before the Registrar of Trade and Service Marks in opposition proceedings against Glitz Entertainment Ltd in a Trade Mark dispute over the UNPLUGGED Trade Mark.
General Commercial and Employment Law Litigation:
- Part of the team acting for JC Decaux Tanzania Limited before the High Court of Tanzania against Imperial Media Agencies Limited and Another, in a dispute involving a breach of contract.
- Part of the team acting for Queensway Tanzania EPZ Limited in a Winding up Petition before the High Court of Tanzania against a debtor company for failure to pay debts;
- Representing Westcon Africa Operations before the High Court of Tanzania in a Petition for Winding-up of a debtor company for failure to pay debts;
- Representing Brand Fusion Marketing Limited before the High Court of Tanzania in a Petition for Winding up of a certain debtor company for failure to pay debts;
- Advising Fastjet Aviation Limited as a creditor claiming in the winding up of Fastjet Tanzania Limited;
- Representing Africa Barrick North Mara Gold Mine before the Tarime District Land and Housing Tribunal in a land dispute.
- Being part of the team that represented Serengeti Breweries Ltd in an unfair competition enquiry/ proceedings before the Fair Competition Commission.
- Representing MMC Limited before the High Court of Tanzania in a civil suit involving allegations of breach of a Mining contract.
- Representing Weir Services Tanzania Limited before the Court of Appeal of Tanzania in a labour dispute involving claims and allegations of unfair termination of an employment contract.
- Representing Larson & Toubro Limited before the Commission for Mediation and Arbitration in Employment Law dispute involving allegations of unfair termination of an employment contract.
Practice Areas
Wilbert Kapinga is the managing partner of our Tanzania office.
He has over 20 years’ experience advising domestic and international financial institutions and corporations on corporate, regulatory and transactional matters. Wilbert has advised on numerous project finance, public private partnership (PPP) and infrastructure development transactions including roads, railways, sea travel and airports. Wilbert has also advised numerous multinational mining companies and oil and gas exploration companies with operations in Tanzania in the natural resource space including local content requirements. Prior to entering private practice, Wilbert was a Senior Lecturer and Dean of the Faculty of Law of the University of Dar es Salaam where he was a member of the teaching and research staff for seventeen years.
Wilbert is a member of the Tanganyika Law Society, Law Association of Tanzania, East Africa Law Society, International Third World Legal Studies Association and African Society of International and Comparative Law.
Wilbert who is a full member of the Tanzania Institute of Arbitrators and an Accredited Mediator, Negotiator and Arbitrator in Tanzania. He has acted an arbitrator in several domestic disputes and as an advocate in numerous domestic and international arbitration disputes, the latter involving ICSID, ICC and UNICTRAL rules of procedure and appeared as expert witness on Tanzania law on an international arbitration challenge before the Swedish Court of Appeal. He is a contributor in many Global Arbitration Review publications and co-author on chapter on enforcement of foreign arbitral awards and similar articles in publications of Getting the Deal Done
He is ranked Tier 1 in General Business Law by Chambers & Partners which cites him as being “highly praised by market commentators for his breadth of experience and strength in the market.” His expertise is affirmed also by Legal 500 and IFLR1000 who list him as a leading corporate lawyer in Tanzania.
He has a Masters degrees in Law from both the University of Dar es Salaam, Tanzania and Columbia University in New York, USA, as well as a Doctor of Philosophy degree from Northeastern University in Boston, USA.
Relevant Experience
Construction Related
- Representing the government of Tanzania in a bilateral invest treaty disputes in connection with the alleged expropriation of UK’s Biwater Gauff’s investment in a water and sewerage infrastructure project in Dar es Salaam, Tanzania.
- Representing Tanzania Electric Supply Company (TANESCO) in a construction dispute with SIETCO over construction of the Kihansi Hydo Electric Power Station.
- Representing Sithe Global Inc. of the USA in the construction project of Ruhudji Hydroelectric power plant.
- Carrying out a due diligence on the regulatory framework for the pipeline project which from Uganda through a Tanzanian port on the Indian Ocean.
- Assisting eleQra on the Tanzania law aspects on Lake Victoria Marine Transport Project in Tanzania.
- Assisting Pricewaterhouse Coopers on the legal and regulatory framework of Tanzania Zambia Railways Authority (TAZARA) as part of the TAZARA private sector partnership study.
- Assisting was the sponsors of the Salama Waterfront Development project regarding the Tanzania law aspects of project financing, land acquisition, licensing and environmental regulation for the project.
- Assisting the Government of Tanzania on all legal aspects of the private finance initiative of an infrastructure project related to the Southern (Mtwara) Development Corridor.
- Assisting the World Bank and Dar es Salaam Water and Sewerage Authority on contractual and regulatory issues in relation to the Dar es Salaam Water Supply and Sanitation project.
- Assisting PRODECO Ltd on all legal aspects of the construction of a Private Finance Initiative (PFI) of the road and infrastructure project related to the Central Corridor (Road) Project in respect of the Dar es Salaam through Dodoma to Itigi Roadway in Tanzania.
Wilbert’s experience within the mining sector includes:
- Advising Sichuan Hongda (Group) Co. Ltd. (China) on the Mchuchuma Coal Mine and Liganga Iron Ore Corporation.
- Advising The State Mining Corporation (STAMICO) on uranium mining in Tanzania.
- Drafting of the Written Laws (Miscellaneous Amendments) No.2 Act, 2003 in Tanzania which amended the applicable Mining Act, No. 5 of 1998.
- Conducting a Legal audit investigations for international mining companies, including Atomic Minerals Limited, Oryx Mining and Exploration Limited and Uranex NL, on the mining tenements held by potential local target companies as well as legal advice in relation with all aspects of such acquisitions.
- Providing legal advice to the National Development Corporation of Tanzania (NDC) in relation to all legal aspects of a joint venture project (together with Siemens South Africa) for the development of small scale mining throughout Tanzania. The project involved small scale miners (claim holders) on one part and NDC and Siemens as project sponsors on the other part. The purpose of the project was to develop gold tailings mining in various regions of Tanzania. The objective of the project was to supply and maintain processing equipment in the small scale mining sector of Tanzania. The joint venture was charged with the responsibility of installing and maintaining gold ore processing plants, which enables the small scale miners to be more productive.
- Assisting the Government of the Central African Republic on the renegotiation of an uranium mining contract.
- Conducting a mining due diligence and providing a title opinion to Guardian Group International on a number of mining licenses that were acquired by the company.
- Assisting and advising the Guardian Group with the acquisition of mining rights in Tanzania.
- Assisting WMC Resources Exploration Limited with the application and relinquishment of prospecting licenses and applying for an airborne survey permit for the purpose of conducting geophysical surveys over the mining tenements.
- Advising Dodsal Group on mining laws in Tanzania, particularly laws governing the prospecting and mining of gemstones and gold, and on a memorandum of understanding for the assignment of licenses held by Tanzanian citizens. Incorporating three mining companies on behalf of the client.
Wilbert has extensive experience advising on project finance, public private partnership (PPP) and infrastructure development transactions in various industry sectors including energy, industrials, oil and gas and telecommunications. A selection of these transactions includes advising:
- The Governments of the Democratic Republic of Congo, Rwanda and Burundi (Communaute Economique des Pays des Grands Lacs Energie des Grands Lacs (CEGL)), together with Hunton and Williams LLP, in connection with the selection of private sector developers for the development of the Ruzzizi III, a 145MW hydro power project as part of the Independent Power Producer projects.
- The International Finance Corporation (IFC), together with Castalia Strategic Advisors, in connection with the identification of viable PPP projects, leading to a comprehensive report on PPP Project Identification and Development in Sub-Saharan Africa, East African Region.
- The Government of Tanzania on the legal and regulatory framework reform to support PPPs in Tanzania, which led to the enactment of the Public Private Partnership Act, 2010, and its Regulations.
- PriceWaterhouse Coopers on the legal and regulatory framework of Tanzania Zambia Railways Authority (TAZARA) as part of the TAZARA private sector partnership study.
- The sponsors of the Salama Waterfront Development project regarding the Tanzania law aspects of project financing, land acquisition, licensing and environmental regulation for the project.
- The Government of the United Republic of Tanzania on all legal aspects of the private finance initiative of an infrastructure project related to the Southern (Mtwara) Development Corridor.
- The World Bank and Dar es Salaam Water and Sewerage Authority on contractual and regulatory issues in relation to the Dar es Salaam Water Supply and Sanitation project.
- PRODECO Ltd on all legal aspects of the construction of a Private Finance Initiative (PFI) of the road and infrastructure project related to the Central Corridor (Road) Project and Southern (Mtwara) Development Corridors in respect of the Dar es Salaam, through Dodoma to Itigi roadway in Tanzania.
- The National Development Corporation (NDC) on the financing and development of the Southern Corridor Development Project through a private finance initiative and a Public/ Private Partnership (PFI) scheme.
Wilbert also has significant dispute resolution experience, including advising:
- Several clients in anti-trust litigation before the Fair Competition Tribunal and the Court of Appeal in Tanzania.
- The Government of Tanzania (GoT), together with Freshfields Bruckhaus Deringer, in a bilateral investment treaty arbitration initiated by Biwater Gauff (Tanzania) Ltd (BGT) against the GoT regarding alleged expropriation of BGT’s investment in a water and sewerage infrastructure project of its subsidiary, City Water Services Ltd.
- TANESCO, together with Hunton and Williams LLP, in a case initiated by Independent Power Tanzania Limited (IPTL) against the Government of Tanzania, in the Southern District of New York, for enforcement of a Government Guarantee for TANESCO’s performance of its obligations in a power purchase agreement with IPTL.
- The Government of Tanzania, together with Hunton and Williams LLP, on contractual regulatory and strategic matters relating to an Independent Power Project, including representing TANESCO in international arbitration proceedings regarding a high profile dispute pertaining to a 100MW power purchase agreement at the International Centre for Settlement of International Disputes (ICSID) in London.
Wilbert’s M&A expertise includes advising:
- The Abraaj Group (Abraaj Investment Management Limited, Cayman Islands) in relation to conducting a legal due diligence on the Tanzanian subsidiary company (Doya Distribution Ltd) of Abraaj and issued a legal opinion on the status of the local company. This was ahead of a proposed investment which involved creating a special purpose vehicle to acquire 49.99% of Agathon Holdings (also referred to as Pearl Group of Companies) and entering into a shareholders’ agreement with Trendview Holdings in order to regulate their respective rights and obligations as shareholders in Agathon Holdings/Pearl.
- Minet (Mauritius) Holdings Ltd in relation to a transaction which involves the acquisition of shares in AON Tanzania, one of the biggest insurance brokers in the country. The transaction involves structuring for the recent amendments to local content requirements for brokers in Tanzania.
- Zhonghong Holding Co. Ltd in relation to the Tanzanian aspects of its acquisition of 90.5% of the issued shares of Abercrombie & Kent Group of Companies SA. (Estimated deal value: USD 412 million).
- Kansai Plascon Africa, a subsidiary of Kansai Paint Co., Ltd (Kansai), in a transaction where Kansai Plascon Africa sought to, and successfully acquired the entire issued share capital of Sadolin’s East African coating business, making it one of the largest transactions in East Africa. We made competition filings in Kenya, Tanzania and COMESA.
- As Tanzanian counsel to Carlyle Group in relation to its acquisition of a majority interest in AK Life Sciences, a manufacturer and seller of parenteral drugs and a distributor of pharmaceutical products, from Kiboko Holdings.
- As Tanzanian counsel to Capitalworks on its acquisition of the Tanzanian insurance broking business of AON plc.
- CDC Group Plc on instructions from Clifford Chance, in relation to the USD 180 million equity investment in Liquid Telecom, which will enable Liquid Telecom to expand broadband connectivity to some of the most underserved markets across Africa and support the continent’s thriving tech start-up ecosystem. This is the CDC’s first direct investment in an African telecoms company in over twenty years, and its largest single investment since it acquired the pan-African power company, Globeleq in early 2015.
- Rio Tinto Mining & Exploration Limited in relation to a proposed transaction with Strandline Resources Limited and its subsidiaries, Active Resources (T) Limited and Tanzanian Graphite (T) Limited.
- Onomo Hotels on potential acquisition of Holiday Inn Hotel.
Wilbert’s banking and finance expertise, includes advising:
- UBL Bank Tanzania Ltd on the establishment of a banking business in Tanzania, including all licensing requirements and ongoing compliance and regulatory advice.
- Diamond Trust Bank on the establishment of a banking business in Tanzania and all ongoing compliance and regulatory requirements.
- Bank M on the establishment of a banking business in Tanzania and all ongoing compliance and regulatory requirements.
- Equity Bank of Kenya and United Bank of Pakistan in the establishment of their banking business in Tanzania.
- Citibank Tanzania Ltd on all security documents in its custody, including the status of facility letters, loan term agreements, mortgages and debentures in accordance with the laws of Tanzania.
- Barclays Bank, Standard Chartered Bank, Stanbic Bank as well as domestic banks Eurafrican Bank and Exim Bank in conducting searches at registries such as the Companies Registry, Land Registry and the Registry of Documents and preparing security documents (including debenture, mortgages, guarantees and pledges) and in the registration of these security documents with the respective registries.
- Government of the United Republic of Tanzania through the Presidential Parastatal Sector Reform Commission (PSRC) in providing legal advisory services to the Bank of Tanzania and the PSRC on the re-organisation and restructuring of the National Bank of Commerce.
- The World Bank and the Bank of Tanzania with the implementation of Islamic banking laws and rules in the United Republic of Tanzania.
- HiTS Burundi on the legality of a proposed AED 510 million (approximately USD 140 million) Sukuk issued by the International Investment House Co. LLC.
Awards
- Chambers and Partners consistently ranked Wilbert in Band 1 for General Business Law for the past four consecutive years (2018 to 2021) as well as for Dispute Resolution for the past five years, most recently in Band 1 in 2021 and prior to that in Band 2 for three years (2018 to 2020) and in 2017, in Band 3.
- IFLR1000’s Financial and Corporate Guide rated Wilbert as a Highly Regarded Lawyer for Capital Markets, Energy and infrastructure, Project development, Banking, Project Finance and M&A for four consecutive years (2018 to 2021).
- Legal 500 recognised Wilbert as a Leading Individual for Leading Firms in Tanzania in 2021.
- For more than a decade, Wilbert has consistently been ranked in Band 1 by international law directories such as IFLR 1000 and Chambers Global and has been described as the leading corporate lawyer in Tanzania. His work is also recognised by the International Who’s Who of Project Finance (2010 and 2011) and the International Who’s Who of Banking (2012).
“’Wilbert Kapinga is a hugely well-respected lawyer who draws plaudits from market commentators for his “excellent track record.” He is readily instructed for his counsel on high-value corporate and financing transactions, with further regard for his work on projects and disputes.” – Chambers and Partners, 2021
Great lawyer” Wilbert Kapinga is recognised by market commentators as a leading light in corporate and commercial work, as well as being sought after for his immense experience in both litigation and arbitration. Recent notable work has seen him lead on large M&A transactions, in addition to representing corporate clients in high-profile tax disputes. – Chambers and Partners, 2020
“…very good, responsive and knowledgeable.” – IFLR1000, 2020
“Great lawyer” Wilbert Kapinga is recognised by market commentators as a leading light in corporate and commercial work, as well as being sought after for his immense experience in both litigation and arbitration. Recent notable work has seen him lead on large M&A transactions, in addition to representing corporate clients in high-profile tax disputes. – Chambers and Partners 2020
“Battle-hardened” Wilbert Kapinga is an established market leader and admired by commentators for his years “gaining experience in the trenches.” He is held in high esteem, with another source highlighting his “hard-working and professional” manner and referring to him as “someone I respect.” He is active in both litigation and commercial transactions, with further notable expertise in competition and lending. – Chambers and Partners 2019
Dar es Salaam managing partner Wilbert Kapinga left Mkono & Co Advocates to form the Bowmans Tanzania office. He is active on corporate, finance and competition law, as well as demonstrating substantial experience in regulatory matters and litigation. Sources rate his transactional practice highly, saying: “He is definitely a Band 1 lawyer – he’s excellent.” They go on to describe him as also “seriously heavyweight in litigation.“– Chambers and Partners 2018
“Top lawyer” Wilbert Kapinga recently left Mkono & Co Advocates to form the new Bowmans Tanzania office. He is highlighted by market commentators as a “meticulous, ardent lawyer and an all-rounder.” Sources go on to say: “He works with an extremely high level of diligence.” He assists clients with both commercial transactions and international arbitrations, and is respected for his established presence in the market. – Chambers and Partners 2017
“First class lawyer, Wilbert Kapinga is like the father of Tanzanian law.” – Chambers Global
Practice Areas
Waziri Mchome is a senior associate in our Dar es Salaam office.
He is a commercial litigation lawyer specializing in labour, tax, corporate, commercial, banking, insurance, public and natural resources law.
He also has extensive experience in arbitration and general commercial litigation, in providing legal consultancy services geared towards institutional law and policy reforms and has practiced as an advocate for over 20 years.
During his career, he has been involved in a wide range of regulatory matters including local and international arbitration proceedings for public utilities and other facilities built through public-private finance initiatives.
Waziri is a member of Tanganyika Law Society and East African Law Society. He has LLB (Hon) and LLM degrees from the University of Dar es Salaam, Tanzania.
Relevant Experience
Waziri has extensive experience including:
- Representing Royal Insurance in local arbitration proceedings regarding a USD 3 million claim.
- Acting for Engen Petroleum Tanzania Ltd in more than 30 cases involving debt recovery filed against customers who had defaulted in paying.
- Acting for CRDB Bank Ltd in suits by and against the bank including suits of debt recovery.
- Acting for Consolidated Holding Corporation in cases which had been filed by and against the National Bank of Commerce including cases of debt recovery.
- Advising Bank M Tanzania Ltd on the establishment of a banking business in Tanzania and all ongoing compliance and regulatory requirements including representing the bank in legal proceedings.
- Acting for Akiba Commercial Bank Ltd in suits filed by and against it including cases of loan recovery
- Acting on behalf of Tanzania Harbours Authority (Now Tanzania Ports Authority) in cases filed by and against it.
- Advising and acting on behalf of the National Housing Corporation in cases filed by and against it.
- Advising Serengeti Breweries Ltd on various matters and acting on behalf of the company litigations.
- Advising Tanzania Breweries Limited Ltd on various natters and acting for the company in litigation.
- Advising and acting for Excellentcom Tanzania Ltd in winding up proceedings in the High Court of Tanzania.
- Advising and acting for MIC Tanzania Ltd in different courts and Tribunals.
- Advising and acting for SBC Tanzania Ltd in various cases.
- Advising and acting for Spencon Services Ltd in various cases.
- Advising and acting for Inertia Ltd in various cases.
- Advising and acting for Equador Ltd in various cases including its case with the National Development Corporation in the Tribunals and courts of law including the Court of Appeal of Tanzania.
- Advising and acting for Barrick Exploration Africa (T) Ltd and its subsidiaries in various cases.
- Advising and acting for African Barrick Gold Ltd in various cases.
- Advising and Acting for Barrick Gold Corporation in various cases.
- Advising and acting for North Mara Gold Mine Ltd in various cases.
- Advising and acting for Intermarine Tanzania Ltd in various cases.
- Advising and acting for Yuasa Battery (E.A.) Ltd in various litigations.
- Advising and representing Tanzania International Container Terminal Services in various Tribunals and courts of law.
- Acting for Badr East Africa Ltd in its dispute in Civil Case No 97 of 2009 against the Attorney General of Tanzania.
- Advising and representing Nyambari Nyangwine Publishers Ltd in its copyright infringement dispute with Macmillan Idan Ltd before the Commercial Court of Tanzania.
- Acting for Milcom Tanzania NV in its dispute with Golden Globe International Services Ltd involving sale of shares MILCOM TANZANIA NV in MIC Tanzania Ltd in execution of a court’s decree which MILCOM Tanzania NV was not a party to the suit or judgment debtor.
- Advising and representing Acer Petroleum Ltd in court in its dispute with BP Tanzania Ltd.
- Advising and representing Siemens Tanzania Ltd and Siemens (Pty) Ltd in arbitration and court proceedings against Mtibwa Sugar Ltd and other cases.
- Advising and representing Buzwagi Gold Mines Ltd and Pangea Minerals Ltd in the Commission for Mediation and Arbitration and in court in their dispute with Brian Gorge Whiteley.
- Advising and representing Family Health International (FHI 360) in court in its dispute with Mary Kyando.
- Representing and advising the United Republic of Tanzania in various disputes (as a state attorney employed by the Attorney General’s Chambers Dar es Salaam).
- Representing and acting for Southern Sun Hotels Tanzania Limited before the Commission for Mediation and Arbitration and the High Court of Tanzania (Labour Division) in employment disputes.
- Representing Hodi (Hotel Management) Limited in a case which the petitioner is seeking for an order setting aside the award of a Sole Arbitrator.
- Representing Stanbic Bank Limited in the High Court of Tanzania (Commercial Division) and High Court of Tanzania (Labour Division) at Dar es Salaam.
- Representing ABB Limited in an employment dispute at the High Court of Tanzania (Lqbour Division) at Dar es Salaqm.
- Representing Nokia Solutions and Network Limited in the High Court of Tanzania at Mwanza and the Court of Appeal of Tanzania.
- Representing MMC Limited in the High Court of Tanzania at Dar es Salaam in a claim for breach of contract.
- Representing Otter Mining Limited in the High Court of Tanzania at Mbeya in an employment dispute.
- Representing Husky Injection and Maudling System in the High Court of Tanzania at Dar es Salaam in a suit for breach of contract.
- Representing Husky Injection Molding Systems S.A. Technical Centre in the High Court of Tanzania at Dar es Salaam in a suit for breach of contract and advising also the company on mediation procedures in Tanzania
- Representing Access World Tanzania Limited in the High Court of Tanzania at Dar es Salaam.
- Representing Stanlib Tanzania Limited in the Commission for Mediation and Arbitration and the High Court of Tanzania (Labour Division) at Dar es Salaam in an employment dispute.
- Representing Capital Drilling (T) Limited in the Court of Appeal of Tanzania at Mwanza in an appeal against the decision of the High Court in a Labour Revision which originated from the Commission for Mediation and Arbitration of Geita.
- Advising various companies such as Interteck Testing Services Ltd, Southern Sun Hotels (T) Ltd, UAP Insurance Tanzania Limited, Elewana Afrika(T) Limited etc on retrenchment procedures in Tanzania.
Practice Areas
Charles Mmasi is a partner in our Dar es Salaam office.
Charles joined Bowmans in May 2019 and advises on a broad range of transactional and regulatory matters across the mining, energy, infrastructure, telecommunications and agricultural sectors. He regularly works with major regional and international corporations, international banks and DFIs providing advice on banking and finance, corporate and M&A matters with specialization in cross-boarder and emerging markets work.
Charles was admitted as an advocate of the High Court of Tanzania in July 2015 after completing his Post-Graduate Diploma in Legal Practice at the Law School of Tanzania, having previously obtained a Masters in Commercial and Corporate Law (LLM) from the University of Dar es Salaam in 2013, an LLB (hons) from the Catholic University of Eastern Africa in 2012 and a B.A in International Relations and Diplomacy from the University of South Africa in 2012. Charles is a member of the Tanganyika Law Society and the East Africa Law Society.
Prior to joining Bowmans Charles trained and worked for over four years in the Dar es Salaam offices of a leading international law firm. During this time, he spent 6 months with their Johannesburg banking & finance team advising both lenders and developers on project finance, syndicated lending and structured trade and commodity finance. Charles was also seconded for over a year to the Dar es Salaam offices of Shell Exploration and Production Tanzania Limited (a wholly owned subsidiary of Royal Dutch Shell Plc) working as in-house legal counsel and as a key member advising on the USD 30 billion Tanzania LNG Project.
He is fluent in English and Swahili.
Relevant Experience
Highlights of Charles’ recent M&A and equity capital markets experience include advising:
- a major international insurance company in relation to an acquisition of a regional insurance company with operations in Tanzania, Kenya and Uganda; *
- a leading international company on the acquisition of a local bank; *
- an international communications company in respect of an acquisition of two Tanzanian media companies; *
- a leading innovative telecommunication company in Tanzania on their listing; and *
- Onomo Hotels, an international hospitality group, on its acquisition of Express Hotel Limited, owner and operator of the Ramada Hotel in Dar es Salaam, Tanzania.
Highlights of Charles’ recent finance experience includes advising:
- ZPC (the state electricity generating company of Zimbabwe) in connection with the high profile 670MW Hwange Thermal Power Expansion PPP Project and associated transmission system upgrade in Zimbabwe. The project size is in excess of USD 2 billion and involved sovereign loans from China Eximbank to the Government of Zimbabwe and a joint venture with SinohydroProviding advice on project financing, banking, corporate, investments, M&A and employment matters to regional and international corporations, international banks and DFIs; *
- Absa Bank Limited on handling of the USD 685 million promissory notes issued by The Republic of Ghana to Euroget de Invest S.A. in relation to the construction of military and civilian hospitals in Ghana; *
- The Development Bank of Southern Africa Limited in relation to a USD 100 million development finance to Zesco Limited in connection with the Kafue Gorge Lower Hydro Power Plant in Zambia;
- Strandline Resources Limited on the financing and development of the Fungoni mineral sands project in Tanzania;
- KfW IPEX Bank on the provision of funding to Kibaran Resources Limited for the development of the Epanko Graphite Project in Tanzania;
- Onomo Hotels, an international hospitality group, in relation to a USD 10 million term loan from EXIM Bank Tanzania Limited for the acquisition of Express Hotel Limited, owner and operator of the Ramada Hotel in Dar es Salaam, Tanzania;
- FirstRand Bank Limited (acting through its Rand Merchant Bank division) in respect of a capital restructure and refinancing in favour of the AfriSam Group; and
- Mizrahi Tefahot Bank, Israel and BNOP Agriculture Services Limited in respect of handling of EUR 2,700,000 Promissory Notes issued by Lake Oil Limited.
Highlights of Charles’ recent regulatory experience includes advising:
- Shell Exploration and Production Tanzania limited on various legal aspects of the USD 30 billion LNG Project and the decommissioning of oil & gas platforms including land acquisition, resettlement and livelihoods restoration, environmental impacts, project local content requirements and negotiating terms for the host government agreement. *
- an international energy company in respect of the development of thermal IPP in Tanzania; *
- one of the leading mobile network operators in Tanzania in relation to corporate, licensing, competition and disputes matters;
- Google on a range of regulatory issues in Tanzania; and
- IFC on the entire spectrum of Zanzibar laws that would affect an independent power project (IPP) to generate solar power on-grid electricity, with storage, in Zanzibar, to identify constraints for private-public partnerships (PPPs) and other private sector participation in IPPs.
* experience gained prior to joining Bowmans
Practice Areas
Catherine is an associate in our Dar es Salaam office. She specializes in tax and corporate matters. She also works on various projects in the mining, oil and gas, and the banking sector.
Catherine has a Masters in Arts and Revenue Law and Administration, Post-Graduate Diploma in Legal Practice from the Law School of Tanzania and a Bachelor of Laws (LLB) from the University of Dar es Salaam.
Relevant Experience
- Advising and representing brewery companies in their transfer pricing and value added tax (VAT) disputes with the Tanzania Revenue Authority (TRA)
- Advising one of the leading telecommunication company in Tanzania in its transfer pricing transactions and other related tax matters such as value added tax, charitable status, and withholding tax on acquisition of bandwidth from undersea cables.
- Advising and representing the leading tobacco and tea companies in Tanzania in their transfer pricing disputes with the TRA.
- Advising and representing one of the telecom tower operators in their value added tax, pay as you earn and skills and development levy disputes.
- Advising and representing prominent banks in Tanzania in their tax disputes related to bad debts, impairment provisions, interest in suspense and chargeability of VAT on various bank fees and commissions.
Practice Areas
Imani is a Senior Associate in our Dar es Salaam office. He has advised local and international clients on Tanzanian laws and regulatory issues relating to a wide range of sectors including; projects and construction, banking and finance, oil and gas, mining, telecommunications and insurance.
Prior to joining Bowmans, he worked at another international law firm in Dar es Salaam. He was also seconded to Shell Exploration and Production Tanzania Limited who are collaborating with other major oil & gas companies and the Government of Tanzania to realise the proposed $ 30 bln Tanzania LNG project.
Imani has an LLB degree from Mzumbe University, a Postgraduate Diploma in Legal Practice from the Law School of Tanzania and a Masters degree in Revenue Law and Administration from the University of Dar es Salaam.
Imani is admitted as an Advocate of the High Court of Tanzania and is a member of the Tanganyika Law Society.
Relevant Experience
- Advising international energy companies on various Tanzania law aspects of the proposed $30 bln Tanzania LNG Project.
- Advising the Federal Government of Somalia during negotiations and drafting of a new Port Concession Agreement for rehabilitation of Mogadishu Port.
- Advising Loinette Capital Limited on its acquisition of Hortanzia Limited.
- Advising Exim Bank Tanzania Ltd on its acquisition of UBL Bank Tanzania Ltd.
- Advising and assisting various fintech companies with applying and obtaining licences and approvals from TCRA and BOT.
- Advising and assisting various clients with applying and obtaining approvals from the Fair Competition Commission.
- Undertaking legal due diligence on companies and preparing reports for clients.
- Advising clients on new legislation and recommending compliance measures in line with the current legal developments.
- Secondment to Shell Exploration and Production Tanzania Limited (a subsidiary of Shell PLC).
Practice Areas
Flora Mukasa is an associate in our Corporate Department of our Dar es Salaam office and a member of the Tanganyika Law Society.
Flora Mukasa has experience in corporate services, banking and financing, not-for-profit organisations, employment and intellectual property.
Flora Mukasa has Post-Graduate Diploma at the Law School of Tanzania and an LLB degree from the Catholic University of Eastern Africa in Nairobi, Kenya.
Relevant Experience
*Experience gained prior to joining Bowmans
- Legal advisor and secretary to a number of Tanzanian companies and non-governmental organizations both locally and internationally registered in Tanzania.*
Practice Areas
Bertha Mwarija is a senior associate in our Dar es Salaam office.
Bertha specializes in mergers and acquisition and works on projects in the corporate, mining and energy, telecommunications, intellectual property and finance sectors.
She has a Post-Graduate Diploma in Legal Practice from the Law School of Tanzania and a Bachelor of Laws (LLB) from the Ruaha University College, Iringa.
Bertha is an Advocate of the High Court of Tanzania and a member of the Tanganyika Law Society and the East Africa Law Society
She is fluent in English and Swahili.
Relevant Experience
- Assisted in providing advice in various merger and acquisition transactions to a wide range of international and local companies on Fair Competition Commission clearance in respect of acquisition of businesses, assets and shares in Tanzania.
- Advising telecommunication companies and mining companies on the restructuring and compulsory public listing of shares in the Dar es Salaam Stock Exchange.
- Assisted in drafting and providing advice and security documents for a cross jurisdictional commodity finance transactions.
- Assisted in advising international companies on secured convertible loan and Fair Competition Commission clearance in relation to an investment in rural electrification project in Tanzania.
- Assisted on providing company secretarial services to local companies and subsidiary companies in corporate and regulatory compliance.
- Assisted in advising various companies on due diligence in relation to proposed acquisition of companies in Tanzania.
- Assisted in advising international and local companies with registration of various brands and intellectual property in Tanzania.
- Assisted in providing regulatory and corporate advice to various international and local clients on matters in land, employment and immigration laws.
- Assisted in advising clients on the non-citizen employment compliance with the Ministry of Labour and Immigration Departments.
- Assisted in corporate advice to mining companies in Tanzania in relation to local content shareholding and obtaining required approvals and licences.
* experience gained prior to joining Bowmans
Practice Areas
Aisha Ally Sinda is a senior associate in our Dar es Salaam office.
She specializes in banking and finance, competition, capital markets, corporate, conveyancing and property law, mergers and acquisitions, mining, oil and gas and PPP projects.
During her career, she has worked in the oil and gas M&A department at Allen & Overy LLP and Royal Dutch Shell in London as part of the International Lawyers for Africa programme (ILFA) in 2012. Aisha was also seconded to the World Trade Organisation in 2010 were she contributed to the work of the African Unit of the ITTC on a broad range of issues including the challenges facing African countries in the multilateral trading system after the global financial crisis and their participation in the WTO dispute settlement mechanism.
Aisha is a member of the Tanganyika Law Society and the East Africa Law Society.
She has an LLB (Hons) from the University of Dar Es Salaam, Tanzania, and an LLM in International Trade and Investment Law from the University of Pretoria, South Africa. She also has a Postgraduate Certificate in Economic Law & Competition in the European Union from the European Institute of Foreign Studies, Turin, Italy.
Relevant Experience
Aisha has been advising corporate clients on various business transactions such as:
- Tanzanian counsel to Carlyle Group in relation to its acquisition of a majority interest in AK Life Sciences, a manufacturer and seller of parenteral drugs and a distributor of pharmaceutical products, from Kiboko Holdings.
- Tanzanian counsel to Capitalworks on its acquisition of the Tanzanian insurance broking business of AON plc.
- Advising Minet (Mauritius) Holdings Ltd in relation to a transaction which involves the acquisition of shares in AON Tanzania, one of the biggest insurance brokers in the country. The transaction involves structuring for the recent amendments to local content requirements for brokers in Tanzania.
- Advising Kansai Plascon Africa, a subsidiary of Kansai Paint Co., Ltd (Kansai), in a transaction where Kansai Plascon Africa sought to, and successfully acquired the entire issued share capital of Sadolin’s East African coating business, making it one of the largest transactions in East Africa. We made competition filings in Kenya, Tanzania and COMESA.
- Counsel to the TUI Group, Germany in relation to its acquisition of a hotel in Zanzibar through an acquisition of shares in an off shore company.
- Counsel to CDC Group Plc on instructions from Clifford Chance LLP, in relation to the USD 180 million equity investment in Liquid Telecom, which will enable Liquid Telecom to expand broadband connectivity to some of the most underserved markets across Africa and support the continent’s thriving tech start-up ecosystem. This is the CDC’s first direct investment in an African telecoms company in over twenty years, and its largest single investment since it acquired the pan-African power company, Globeleq in early 2015.
- Advising the Abraaj Group (Abraaj Investment Management Limited, Cayman Islands) in relation to conducting a legal due diligence on the Tanzanian subsidiary company (Doya Distribution Ltd) of Abraaj and issued a legal opinion on the status of the local company. This was ahead of a proposed investment which involved creating a special purpose vehicle to acquire 49.99% of Agathon Holdings (also referred to as Pearl Group of Companies) and entering into a shareholders’ agreement with Trendview Holdings in order to regulate their respective rights and obligations as shareholders in Agathon Holdings/Pearl.
- Advising Zhonghong Holding Co. Ltd in relation to the Tanzanian aspects of its acquisition of 90.5% of the issued shares of Abercrombie & Kent Group of Companies SA. (Estimated deal value: USD 412 million).
- Precision Air Services Ltd and Citibank N.A acting through Clifford Chance LLP on civil aviation matters and Tanzania’s ratification of the Cape Town Convention. She also provided a legal opinion in relation to the delivery of seven ATR aircraft and spare parts to Precision Air Services Ltd.
- a proposed registration of an aircraft in Tanzania by an air operator in Ivory Coast, without a delegation by the Tanzania Civil Aviation Authority to the Registry in Ivory Coast under Article 83bis of the Chicago Convection.
- Standard Chartered Bank London and Standard Chartered Bank Tanzania Ltd in connection with a USD 83 million oil financing facility to Hashi Energy Tanzania and Hashi energy Kenya Ltd.
- Standard Chartered Bank London and Standard Chartered Bank Dubai in connection with a USD 125 million commodities financing facility to Export Trading Company Ltd.
- China Development Bank on a USD 148 million term loan to finance the acquisition of certain telecommunications equipment.
- MIC Tanzania Ltd (one of Tanzania’s leading mobile telecom operators operating under the “Tigo” brand) in relation to a syndicated loan of USD 309 million to refinance an existing third party debt and to finance working capital investments in the client’s telecommunication network infrastructure. The loan was granted by a syndicate of local and international banks including Calyon SA France Bank, PROPACO, Standard Chartered Bank, EDC, and the Development Bank of Southern Africa.
- Capital markets and securities laws, Dar es Salaam Stock Exchange rules and requirements, anti-competition filings and participating in management meetings and presentations. This transaction was unique due its size. It also represented a huge potential investment by foreign investors in Tanzania.
- Stanbic Bank Tanzania Ltd in connection with the Syndicated Facility for Kagera Sugar Project refinancing. She reviewed the term sheet, drafted and registered the finance and security documents, provided advisory services on syndications and provided a legal opinion in relation to the syndication.
- Negotiated the Asset Share Sale and the Shareholders Agreement between Kenya Airways and Precision Air Services Ltd.
- Acting for a Mauritian Company in conducting a legal due diligence on two Tanzanian oil companies (Gapco and Gap Oil) in connection with acquisition of the oil companies.
- Covington and Burlington in the acquisition of a major East African Company, including competition and other regulatory issues arising.
- Linklaters LLP, London on regulatory approvals required for a corporate takeover of the Dominion Petroleum Ltd Group.
- Advising and conducting due diligence on Zantel Tanzania and general corporate approvals and consents for Emirates Telecommunication Corporation, UAE.
- Providing an opinion on the acquisition and transfer of assets of a petroleum company and the relevant regulatory authorities for a petroleum downstream company.
- Reviewing documents of a gas exploration company and providing an opinion on the relevant laws and regulatory authorities on the acquisition, transfer of assets and licences and registration of corporate documents with the relevant authority.
- Statoil ASA with regard to their LNG plant project and acquisition of land.
- Advised a client on the development of the East African Pipeline Project.
- Tanzania International Container Terminal Services Ltd (TICTS) on negotiating with trade unions on collective agreement, disputes on unfair termination and retrenchment at the High Court Labour Division and Commission for Mediation and Arbitration.
- TANESCO in ICSID arbitration proceedings regarding a tariff dispute with Standard Chartered Bank, Hong Kong, involving a Power Purchase Agreement and a variety of loan and security agreements.
- Equity Bank of Kenya and United Bank of Pakistan in the establishment of their banking business in Tanzania.
Practice Areas
Fabiola is a senior tax advisor in our Dar es Salaam office. Prior to joining Bowmans, Fabiola practiced in the tax department of one of the Big Four accounting firms (PricewaterhouseCoopers Tanzania and partly PricewaterhouseCoopers South Africa) for over nine years.
Fabiola graduated with a Bachelor of Commerce in Accounting degree (Hons) from the University of Dar es Salaam. She is also a member of the Association of Chartered Certified Accountants (ACCA). Fabiola also completed an Advanced Course in Value Added Tax (NQF Level: 8) from the University of South Africa (UNISA).
Fabiola is registered with Tanzania Revenue Authority as a Tax Consultant.
Relevant Experience
In the course of her tax career, Fabiola has gained an understanding of various industries/sectors such as telecommunication, mining, oil and gas, manufacturing and financial services. Specific experience is set out below:
Tax advisory/consulting
- Fabiola has advised on tax implications and compliance requirements for various transactions carried out by companies in various industries. This includes:
- Advising on tax implications on day-to-day arrangements of businesses in Tanzania including review of contracts and advising on potential exposures or tax saving opportunities. With respect to Customs, she has provided assistance to clients that ranges from queries relating to pre-importation to addressing matters raised by the Tanzania Revenue Authority (TRA) during their post clearance audits.
- Advisory on restructuring and reorganization of group entities specifically on potential tax implications of mergers and acquisitions (purchase of shares or assets), refinancing arrangements and setting up of shared service centers;
- Carrying out tax health checks and due diligence assignments to ensure compliance with the law and recommending corrective measures; and
- Conducting general and specific tax training.
Dispute resolution
- This forms a significant part of Fabiola’s experience and through numerous audits conducted by the TRA, she has had an opportunity to assist clients in handling the audit queries, preparation and filing of notices of objection and related correspondences with the TRA and filing of appeals with the Tanzanian Appellate Bodies. At times, she has appeared as a subject matter expert during hearing of these appeals.
Tax Compliance
- Fabiola has an understanding of compliance requirements in respect of various tax returns such as Corporate Income Tax, Withholding tax, Payroll taxes (including PAYE, SDL, WCF and Pension contributions), Value Added Tax, Excise duty and local levies such as Service levy.
- With regards to Zanzibar, Fabiola has an in-depth understanding of non-union taxes and levies such as VAT, Excise duty and Stamp duty, that are administered by the Zanzibar Revenue Board (ZRB).
Participation in tax reform on behalf of business associations
- Fabiola has been involved in presenting tax challenges facing certain industries and proposing adoption of best tax practices to the Ministry of Finance (through the Task Force for Tax reform) and the Parliamentary National Budget Committee. For instance, Fabiola was actively involved in pre-budget lobbying for the removal of Value Added Tax on ancillary transport services in respect of transit goods and removal of a local levy (Railways Development Levy) on supply of Jet-A1 fuel, following which amendments were made by the Government to implement the proposed changes. Furthermore, Fabiola has actively assisted the communications industry in achieving a centralized collection system for payment of Service Levy to avoid potential disputes with Local Government Authorities.
- In this process, Fabiola has gained considerable knowledge on how these industries operate and has had an opportunity to appreciate the challenges faced in terms of tax policies and how the Government may be engaged to resolve them.
Practice Areas
Jacqueline Tarimo is a senior associate in our Dar es Salaam office.
She specializes in corporate, finance, banking, telecommunications, competition and aviation law. Jacqueline is a member of the Tanganyika Law Society and the East Africa Law Society.
She has an LLB (Hons) from the University of Dar Es Salaam, Tanzania, and an LLM in International Commercial Law from the University of Kent, Canterbury, UK.
Relevant Experience
Jacqueline’s experience has covered:
- Advising the Abraaj Group (Abraaj Investment Management Limited, Cayman Islands) in relation to conducting a legal due diligence on the Tanzanian subsidiary company (Doya Distribution Ltd) of Abraaj and issued a legal opinion on the status of the local company. This was ahead of a proposed investment which involved creating a special purpose vehicle to acquire 49.99% of Agathon Holdings (also referred to as Pearl Group of Companies) and entering into a shareholders’ agreement with Trendview Holdings in order to regulate their respective rights and obligations as shareholders in Agathon Holdings/Pearl.
- Advising Zhonghong Holding Co. Ltd in relation to the Tanzanian aspects of its acquisition of 90.5% of the issued shares of Abercrombie & Kent Group of Companies SA. (Estimated deal value: USD 412 million).
- Tanzanian counsel to Carlyle Group in relation to its acquisition of a majority interest in AK Life Sciences, a manufacturer and seller of parenteral drugs and a distributor of pharmaceutical products, from Kiboko Holdings.
- Counsel to CDC Group Plc on instructions from Clifford Chance LLP, in relation to the USD 180 million equity investment in Liquid Telecom, which will enable Liquid Telecom to expand broadband connectivity to some of the most underserved markets across Africa and support the continent’s thriving tech start-up ecosystem. This is the CDC’s first direct investment in an African telecoms company in over twenty years, and its largest single investment since it acquired the pan-African power company, Globeleq in early 2015.
- Advising Rio Tinto Mining & Exploration Limited in relation to a proposed transaction with Strandline Resources Limited and its subsidiaries, Active Resources (T) Limited and Tanzanian Graphite (T) Limited.
- Advising Berger International Private Limited in respect of acquisition of Crouch Limited (Mauritius) specifically in relation to its Tanzania subsidiary – Insignia Limited.
- Advising Onomo Hotels on potential acquisition of Holiday Inn Hotel.
- Advising Hollard International Holdings in relation to its acquisition of MMI Holdings businesses in Tanzania (Metropolitan Insurance and Metropolitan Life Assurance).
- Providing legal advice and assisting in setting up of financial institutions such as the United Bank Ltd (UBL Bank Tanzania Ltd).
- Advising a number of financial institutions such as the Standard Chartered Bank, UK on the creation of charges, drafting requisite documents and perfecting securities.
- Advising mining companies such as the Continental Group and the Guardian Group on mineral rights.
- Advising and assisting investors in the incorporation of local companies and registering foreign branches in Tanzania.
- Preparing various corporate documents and assisting with the registration and filings of them with necessary government authorities.
- Obtaining necessary licences, permits and certificates for operating a business in Tanzania for entities such as Knauf Gypsum Tanzania Ltd and the Modern Times Group (MTG).
- Conducting legal due diligence on targeted entities and advising on potential legal risks and regulatory compliance with the law regulating mergers and acquisitions for entities like Knauf International GmbH, Viettel and American Tower Company.
- Advising on oil and gas investment projects for companies like Dodsal Group Companies, Ophir Energy plc, and Beach Energy (Pty) Ltd.
- Providing legal advice on capital markets and securities and in particular assisting companies such as Uchumi Supermarkets Kenya Ltd in cross-listing on the Dar Es Salaam Stock Exchange.
- Advising telecommunications companies such as Modern Times Group (MTG) and Orange Business Services on regulatory matters, operating and licensing requirements.
- Advising on insolvency and liquidation procedures to companies like Afsat Communications Tanzania Ltd.
- Advising and undertaking a competition audit for La Farge on its subsidiary company – the Mbeya Cement Company.
- Advising Cessna Finance Corporation/ Textron Aviation, SMBC Aviation Capital and ICBC Aviation Company Ltd on aircraft finance, leasing, sale and purchase transactions, and on registration and de-registration of aircrafts at the aircraft registry.
- Handling company secretarial matters and advising on various corporate and regulatory compliance issues for companies such as Modern Times Group (MTG), SEW Eurodrive Ltd, Beach Petroleum and Dodsal Group Companies.
- Advising Caterpillar Financial Services on the financing of a local mining company. This included preparing, registering and filing the necessary corporate documents with relevant government authorities for perfection.
- Advising Swedfund LLP on the sale and purchase of assets and carrying out a transfer of the assets.
- Advising BRAC International on transferring assets and employees to a newly established entity.