Power of attorney in Tanzania: Ultimate guide

This is the ultimate guide to power of Attorney in Tanzania offering unique and comprehensive insights you won’t find anywhere else online, except right here.

Here I will share everything you need to know about power of attorney in Tanzania, including;

• the law governing power of attorney in Tanzania
• registration of power of attorney in Tanzania
• Validity of a Power of Attorney in Tanzania
• termination/revocation of the power of attorney in Tanzania
• samples of power of attorney in Tanzania (pdf downloads)
• etc.

I will use examples to illustrate complex ideas and I will refer to literature and case laws to make this guide helpful and authoritative.

Without further ado!

Let’s get started!

What is a power of attorney?

In simple terms, a power of attorney is a legal document that allows someone to make decisions or take actions on behalf of another person.

This could include managing finances, making medical decisions, or handling other important matters.

It’s like giving someone else the authority to act as if they were you, especially when you’re unable to do so yourself.

According to the Black’s Law Dictionary, 9th Edition, on page 1290 the power of attorney is defined to mean

1. an instrument granting someone authority to act as agent or attorney-in-fact for the grantor. An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal.
2. The authority so granted; specifically, the legal ability to produce a change in legal relationship by doing whatever acts are authorized.

In his wonderful book, Omary Issa (2015) Civil Procedure: Preliminaries to Litigation, at p.200 defines a Power of Attorney as a formal instrument by which one person empowers another to represent him or act on his behalf for a certain purpose

The person making authorization or power of attorney is known as the principal, Proxy, Grantor, or Donor, and the person who is authorized is known as the Agent, Attorney in Facts, Donee, or the Attorney.

In the case of BARRETO HAULIERS (T) LTD & another vs MOHAMOOD MOHAMED DUALE, CIVIL APPEAL NO. 7 OF 2018 CAT, DSM [2022] TZCA 829 the court stated that

A deed of power of attorney is executed by the principal in favour of the agent. In other words, by a deed of power of attorney, an agent is formally appointed to do all acts and deeds specified therein, on behalf of the principal, which when executed will be binding on the principal as if done by him.

Scope of Power of Attorney

Providing a power of attorney is akin to granting a type of agency.

The scope of authority conferred upon the agent is limited to the powers explicitly bestowed upon them.

It is imperative to note that the agent must not exploit the power of attorney for personal gain.

Rather, they are obligated to perform the specified actions on behalf of the grantor and refrain from exceeding the granted authority.

Types of power of attorney

There are several types of power of attorney, each serving different purposes and granting varying levels of authority.

Here are the main types:

1. Limited or Special Power of Attorney: This grants specific powers for a limited period or particular transactions. For example, it could authorize someone to sell a property on behalf of the individual. This is a common type used in Tanzania.
2. General Power of Attorney: This grants broad powers to the appointed person to handle a range of financial and legal matters on behalf of the individual.
3. Durable Power of Attorney: Unlike a general power of attorney, a durable power of attorney remains valid even if the individual becomes incapacitated or unable to make decisions. It’s often used for long-term planning.
4. Non-Durable Power of Attorney: This is similar to a general power of attorney but terminates if the individual becomes incapacitated or unable to make decisions.

Power of attorney use case scenarios

There are many reasons as to why a person should use a power of attorney;

Here I will explain two common scenarios;

When a person is far away

In situations where a person is away and unable to act, establishing a power of attorney can provide a legal mechanism for someone else to manage their affairs in their absence.

For example in the case of Georgia Celestine Mtikila v. Registered Trustees of Dar es Salaam Nursery School and International School of Tanganyika Ltd [1998] TLR 512 Court of Appeal of Tanzania stated that;

…One may grant power of attorney to appeal in the court of Appeal
only where the Grantor is not residing in Tanzania…

When an individual is incapacitated to act

When an individual becomes incapacitated, meaning they are unable to make decisions or take actions on their behalf due to illness, injury, old age, bankruptcy, or other circumstances, having a power of attorney becomes particularly crucial.

In this situation, the appointed agent or attorney-in-fact steps in to act on behalf of the incapacitated individual.

For example, in Imerimaleva and Others v. Dima Nhorongo [1991]TLR 1, the 10th defendant was old. He wrote a letter to the High Court authorizing the 2nd defendant to proceed with the suit on his behalf because he was too old to follow the court proceedings. It was allowed by the High Court (you will see this later when discussing the law governing Power of attorney in Tanzania.)

In the case of Hassan Marare Magori & Another v. Juma Marare & 4 others (HCT) (1992) (Unreported), the court stated that;

…where the person who is party to a case is unable to pursue the case himself or herself for reasons of old age, sickness or where such party is dumb or deaf, or when the party to the proceedings is away in a foreign country and getting such party back would be tedious or expensive. His Lordship added that the donor of the power of attorney must be sure the donee of the power of attorney would step into donor’s shoes and that the donor of the power of attorney must accept all the consequences that may arise in the course of the litigation. Lastly, his Lordship said that the grant of the power of attorney should not be made subject to remuneration. But the power of attorney in the Court of Appeal applies only where the person to be represented is not resident in Tanzania…

The law governing power of attorney in Tanzania