loader
Dstv Dailynews  Mobile
Picha

Promise of marriage

My fiancée of many years has now decided that she needs time to think about marrying me. I have taken her on trips to the far East, Europe and South America and this is what I get. She is the one I want and I want to put a claim on her for the ring given to her during the engagement. Can I put a claim on her? I still like her and my lawyer wants to get an order to force her to marry me.Please help me. JF, Moshi

An engagement is an agreement to get married. It is not a marriage but an intention. One cannot force your fiancée to get married to you- you can only request her, and there is nothing much you can do about her changing her mind. Since you still like her, putting a claim on her will likely cement her position of not wanting to marry you so move with caution.

However since you gave her the ring in contemplation of her agreeing to marrying you, and since she has changed her mind, the Law of Marriage Act allows you to bring a suit, for the return of the ring since the marriage has not been contracted.

However, the Court will need to be satisfied that the ring was given with the intention on your part that it should be conditional on the marriage being contracted, and not otherwise. If you can prove so, it is likely that you are entitled to get the ring back. If she can prove otherwise, you might not get it.

As for the trips, we believe these are deadweight losses to your account and you cannot claim these. As for getting an order to force her to get married to you, it is nearly impossible to get this. You are recommended to check the credentials of your lawyer as he seems to be living in a dreamland. An engagement or marriage is a very different type of contract and cannot be enforced this way.

Training school for military activity

I am a specialized military martial arts trainer and want to open a school to train people in military type operations so that they can increase the security of their premises? Can I proceed? FL, Dar

The answer to your question is no. You cannot have a training school for military type operations as this type of training is only reserved for the military.

Under section 62 of the Penal Code it is a criminal offence to do so. This section states that (1) Any person who (a) without the permission of the Minister for the time being responsible for home affairs trains or drills any other person to the, use of arms or the practice of military exercises, movements or evolutions; or, (b) is present at any meeting or assembly of persons, held without the permission of the Minister for the time being responsible for home affairs, for the purpose of training or drilling any other persons to the use of arms or the practice of military exercise, movements or evolutions. is guilty of a felony, and is liable to imprisonment for seven years, (2) Any person who, at any meeting or assembly held without the permission of the Minister for the time being responsible for home affairs, is trained or drilled to the use of arms or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.

Airlines adverts big lie

A leading airline flying to Tanzania advertised a certain airfare in a newspaper. I was one of the first ones to call only to be told that the fare was not available. I checked with friends and even those few who got that rate were asked to pay different additional charges which made the advertised rate a lie. How can Tanzanian authorities allow such a lie to consumers in Tanzania? What should I do? WE, Dar

One of the most efficient authorities in Tanzania is the Fair Competition Commission which administers the Fair Competition Act.

This Act has a specific provision that makes this type of bait advertising, where you advertise to get people to call you and you try sell them the service or product at a higher rate, an offence.

Section 21 states that (I) No person shall advertise goods or services for supply at a specified price if there are reasonable grounds, of which he is aware, or ought reasonably to be aware, for believing that he will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which he carries on business and the nature of the advertisement.

(2) Any person who has, in trade, advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which he carries on business and the nature of the advertisement.

(3) In a prosecution of a person in relation to a failure to offer goods or services to a person (in this sub-section referred to as the ‘customer’) in accordance with sub-section (2), it is a defence for that person if he establishes that: (a) he offered to supply or to procure another person to supply goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or (b) he offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the firstmentioned “goods” or “services” were advertised, and, in either case, where the offer was accepted by the customer, he has so supplied, or procured another person to supply, goods or services.

The Act makes this an offence and the airline can be fined colossal amounts. We recommend you report this to the FCC who will take this up and guide you on next steps which may include reporting this to the Tanzania Civil Aviation Authority.

foto
Author: FB ATTORNEYS

Post your comments

Recent Posts

Categories

more headlines in our related posts

latest # news