LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)

Known for succeeding and setting precedents in the most complex disputes

 

Victory Attorneys & Consultants is renowned as one of the most aggressive law firms in ADR and litigation. The firm boasts a remarkable litigation record in various areas, including real estate, complex commercial litigation, construction disputes, insurance claims, debt recovery, technology disputes, investment disputes, defamation, and employment cases. With exceptional litigators capable of representing clients from trial to appellate levels, our team is highly experienced in crafting strategic case arguments, maintaining vibrant court decorum, and delivering compelling arguments. The litigation department has earned respect within the legal fraternity, garnering admiration from judges, senior counsels, and rivals alike.

Our ADR practice is comprised of well-experienced counsel in arbitration, mediation, and other forms of alternative dispute resolution. The firm has assisted clients in navigating disputes at every stage, from drafting efficient arbitration clauses to guiding clients through mediations, arbitrations, and enforcing foreign judgments or arbitral awards in local courts. Distinguished, the firm is equipped with practicing arbitrators, mediators, negotiators, and adjudicators, complementing our ADR practice.  Whether you face a courtroom battle or seek a swift resolution, Victory Attorneys & Consultants firmly guide and stand by your side every step of the way.

Litigation Experience

  • Successfully represented shareholders in a mining company on issues related to unfair prejudice, compliance with local mining content regulations, corporate and governance structure, equity capitalization, and off shore borrowing.
  • Victoriously Represented high-net-worth individuals in contentious probate disputes involving the administration of estates and trusts before a court of law.
  • Successful represented various insured person over insurance claims totaling more than TZS 10B.
  • Acted for non-for-profit organization on enforcement of Research Service Partnership Agreement valued at USD. 300,000 following failures to deliver as per the terms of engagement.
  • Successfully represented various companies on petition for winding up at the commercial court.
  • Successfully represented various banks and individuals over loan default claims of more than TZS 10B respectively.
  • Successful represented a real estate company on enforcement of lease agreement against telecom company for unfair termination of agreement valued at TZS 1.4B
  • Successfully represented clients over the unlawful encashment from performance bonds/guarantee and advance payment guarantee against beneficiary and international bank operating in Tanzania. The two guarantees valued at TZS.4B.
  • Engaged to represent an international insurer over the claim for compensation valued at TZS.4B following occurrence of risk.
  • Engaged by construction company for enforcement of compensation clause following breach of works contract valued at USD.400,000.

Mediation and Arbitration Experience

  • Successful represented construction client in arbitration proceeding on claims for compensation for more than TZS. 10B resultant of breach of construction contract.
  • Advised and assisted foreign export company operating under EPZA special export zones (SEZ) in negotiation and settlement of outstanding loan facility exceeding TZS 12B with international Bank operating in Tanzania, which resulted into payment of less than TZS. 4B, significantly mitigating unnecessary legal battles and financial risks.
  • Successfully represented manufacturing company in arbitration proceed on claim of more than USD. 600,000 relating to refusal of acceptance of supplies due to change of design specifications.
  • Engaged to represent construction client in arbitration proceeding over a claim of TZS.2B over construction service agreement with international contractors.
  • Successfully settled the claim for compensation upon breach of agreement through court annexed mediation over the contract relating to management of fund.
  • Successful negotiated and settled the claim over return of investment between partners whose commercial arrangement went sideways upon capital inception through during court annexed mediation.
  • Successful negotiated and settled the claim over return of investment between partners whose commercial arrangement went sideways upon capital inception through during court annexed mediation.
  • Successful negotiated compensation on behalf of minority shareholders resultant of corporate restructuring during execution of the decree and judgment issued in favor of the minority shareholders, a claim valued at more than USD700,000.
  • Successfully represented and negotiated for ICT solution company for a claim of breach of software development agreement during court annexed mediation.
  • Successfully represented various real estate developers in court of law and managed to negotiate and secure best claim settlement deals during court annexed mediation. Claim valued at more than USD. 500,000.
  • Assisted in compensation negotiation between Construzioni Generali Gilardi S.p.A. and injured employees arising from contractors liability with regard to renovation of the House of Wonders in Zanzibar.

Strategic Litigation

  • Engaged in various strategic initiatives and litigations aimed at challenging provisions of the Cybercrimes Act, 2015 before High Court of Tanzania and East African Court of Justice (EACJ).
  • Engaged in various strategic initiatives and litigations aimed at challenging provisions of the Media Services Act, 2016 before the High Court of Tanzania and East African Court of Justice (EACJ).
  • Provided training on strategic litigation to various local and international NGOs in Tanzania on legal reforms and compliance requirements.