Sample legal opinion in Tanzania

Scenario: Fraudulent Transactions and Liability

Facts: Mr. Thomas holds a savings account with AZ Bank in Tanzania. One day, he received a notification stating that a significant amount of money has been withdrawn from his account without his authorization. Mr. Thomas suspects that his account has been subject to fraudulent activity and seeks legal advice on the liability of AZ Bank for the unauthorized transactions.

-What is the liability of AZ Bank for the unauthorized transactions from Mr. Thomas' account?

-What laws and regulations in Tanzania govern banking transactions, security, and customer protection

-What legal remedies are available to Mr. Thomas to recover the funds and hold AZ Bank accountable for the fraudulent transactions?

Instructions: Please provide a legal opinion addressing the above issues based on Tanzanian banking law. Analyze the relevant legislation, such as banking regulations, consumer protection laws, or any other applicable rules concerning banking transactions and customer rights. Assess the facts provided to determine the liability of AZ Bank for the unauthorized transactions. Discuss the legal rights and remedies available to Mr. Thomas as a customer and recommend the best course of action for him to recover the funds, ensure his account's security, and seek appropriate compensation or recourse from AZ Bank for the fraudulent activity.     

                                                                                                              Date: 19^th June 2023

Mr. Thomas.

AZ Bank Customer

P.O. Box ……………

Kilimanjaro.

 

           Dear Sir/Madam...............

RE; LEGAL OPINION IN RESPECT OF FRAUDULENT TRANSACTION CARRIED OUT CONVERNING MR THOMAS’ BANK ACCOUNT.

1.0   INTRODUCTION

I, the undersigned, am rendering this legal opinion emanating from your instructions to me by you to provide you with a legal opinion concerning violation of freedom of expression and online speech by government of Tanzania.

2.0   ISSUES AND QUESTIONS RAISED

The issues that we have put forth for determination are;

2.1 What is the liability of AZ Bank for the unauthorized transactions from Mr. Thomas' account? 2.2 What laws and regulations in Tanzania govern banking transactions, security, and customer protection?

2.3 What legal remedies are available to Mr. Thomas to recover the funds and hold AZ Bank accountable for the fraudulent transactions?

3.0 LAWS REVIEWED

In rendering this opinion, the following law was reviewed and relied upon;

3.1 The Banking of Tanzania Act, No 5 of 2016

3.2 Bank of Tanzania (Financial Consumer Protection) Regulation GN No. 884 of 2019.

4.0 OPINION

4.1 In respect of the first question, ABC Bank is liable for unauthorized transfer of funds from Mr Thomas’ Bank Account. Rule 35 (a) of the Bank of Tanzania (Financial Consumer Protection) Regulation GN No. 884, imposes statutory liability to all banks for the consumers’ loss incurred through fraud, misappropriation or misuse involving consumers assets held, administered or controlled by the financial service provider

4.2 In respect of the second question, the laws and regulations governing banking transactions, security, and customer protection in Tanzania include The Banking of Tanzania Act, No 5 of 2016 and the Bank of Tanzania (Financial Consumer Protection) Regulation GN No. 884 of 2019.

4.3 In respect of the third question, Mr Thomas is legally entitled to refund as provided under rule 35(C) of the Bank of Tanzania (Financial Consumer Protection) Regulation GN No. 884 of 2019.

In addition, Mr Thomas is entitled legal right to lodge complaint within bank as stated under rule 42-59 of the above named regulation.

5.0 CONCLUSION

This opinion is limited to matters of the Tanzanian Laws and Practices stated herein and may not be read as extending by implication to any matters not specifically referred to. Nothing in this opinion should be taken as expressing an opinion in respect of any representations of warranties or other information, or any other document examined in connection with this opinion except as expressly confirmed herein.

This Opinion is given for the purposes expressed in paragraph 1.0 above and should not be used by any other person other than the addressee and/or for any other purposes without written consent from the undersigned.

I submit

Respectfully,

………………………..

Johnson Yesaya

ADVOCATE