The recent decision by the Court of Appeal in the case of Exim Bank Tanzania Limited vs The M & Five Hotel & Tours Ltd and Others carries substantial implications for banking practices and legal interpretations in Tanzania.
Sadock Magai is the Managing Partner and Head of the Banking and Finance department at IMMMA Advocates. Sadock has been consistently recommended by the IFLR1000 and Chambers and Partners as a leading lawyer in Tanzania.
His practice includes debt capital markets, transactional banking, corporate finance, restructuring, receiverships, banking regulatory and compliance. He regularly represents banking institutions, both domestic and international, in secured and unsecured lending transactions including syndicated lending, project finance, personal property security, derivatives and equity finance.
Sadock is also highly experienced in drafting all phases of commercial loan documentation including loan facility agreements, mortgages, debentures, assignments, guarantees and indemnities and security sharing agreements.
Experience has included advising:
- The Ghanaian government with respect to the provision of legal advisory services related to the Ghana roads public-private partnership (PPP) capacity-building project;
- The Somalian government with respect to the provision of legal advisory services related to the Somalia Production Sharing Agreement Toolkit project;
- The Tanzanian government through the Electricity Water Utility Regulatory Authority, on a transactional, legislative and practical approach to PPPs and the development of an energy toolkit;
- The Tanzanian government for the Bagamoyo Port and Export Processing Zones (EPZ) project;
- As project counsel for the Bagamoyo Eco-Energy project, in the development of sugarcane plantations;
- As project counsel, the sponsors of a USD300 million cement plant in Tanzania; and
- A local bank in the restructuring of a USD55 million trade finance facility involving a local commodities company.
Professional Qualifications
- Advocate of the High Court of Tanzania and all courts subordinate thereto (except primary courts)
Education
- University of Dar es Salaam, Law Studies (1989)
- University of Dar es Salaam, Bachelor of Laws (1989)
- University of Strathclyde (UK), Diploma in Finance (1998)
Recognition
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Sadock Magai is ranked by Chambers Global (2021) in Tanzania General Business Law. Testimonies obtained by Chambers Global's research had this to say about him, "Sadock frequently provides counsel to banks concerning the country's regulatory framework, with further experience of lending and restructuring."
- Sadock Magai is ranked by Chambers Global (2020) in Band 3 in Tanzania General Business Law. Chambers Global (2020) says “Sadock Magai has cultivated a sturdy reputation in the Tanzanian market as an ‘expert in financing and banking.’ In addition, he is regularly consulted for regulatory compliance advice, notably by international development firm Chemonics International “
- IFLR1000 (2020) ranks Sadock Magai as a highly regarded leading lawyer.
- The Legal 500 (2020) ranks Sadock Magai as a leading Individual in the Tanzania legal practice
Prior Experience
- 2015 to present, Managing Partner, IMMMA Advocates, DLA Piper Africa, Tanzania
- 1997 to 2015, Finance Partner, IMMMA Advocates, DLA Piper Africa member firm in Tanzania
- 1990 to 1997, Chief Legal Examiner, Tanzania Institute of Bankers
- 1990 to 1997, Legal Counsel, Bank of Tanzania 1989 to 1990, State Attorney
Memberships
- Tanganyika Law Society
- East Africa Law Society
- International Bar Association
On February 16, 2024 the Bank of Tanzania (the Bank) issued and published for the first time a subsidiary legislation on compulsory liquidation of banks and financial institutions.
In 2017, drastic and sudden changes affected the mining sector in mainland Tanzania.
In 2017, drastic and sudden changes affected the mining sector in mainland Tanzania. The Parliament of Tanzania, in a bid to protect the country’s natural resources and the employment opportunities for its citizens, passed a series of legislations in July 2017 aimed towards achieving these objectives.