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Farting in public

Farting in public

TP, Dar

This is a very interesting question that we had never thought about before. There is no specific farting provision in our laws. One of the neighbouring countries had a huge controversy because the legislature passed an act of parliament which stated that any person who vitiates the atmosphere in any place so as to make it noxious to the public to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way shall be guilty of a misdemeanour.

The question then was whether farting is noxious to the public! Our response is twofold. If the fart is just a one off one, then we do not see any illegality in that. However if someone intentionally farts, continuously so and in close proximity, you could be likely charged for causing a nuisance or assault. We have not come across any case law but recommend anyone who intends to fart to do so in private! It is just better manners.

Wife wants divorce

My wife and I are happily married until recently when she started retrieving my pre marriage e mails where she found some romantic mails with my previous girlfriend. She said that I should have told her about this before marriage. I responded that she had never asked and that I have never communicated with the ex after marriage.  She also had boyfriends whose details I never asked on the notion that the past is buried behind you. My wife is now seeking a divorce from me. What should I do?

OP, Dar

The Law of Marriage Act of Tanzania provides for specific grounds that can be adduced in a petition seeking divorce. For example one cannot simply get a divorce in Tanzania by consent of the husband and wife. Some of the common grounds are cruelty, adultery and dessertation. It is quite clear that you do not fall under the category of adultery,

assuming that you have told us the truth in that you have never met the ex after marriage. We find it hard to believe that your wife would just out of the blue decide to check your emails of many years before. If you are hiding anything from us, then please ignore this response. However we continue answering your question assuming you have not concealed anything from us. The other common ground for divorce is dessertation which we also believe does not apply in this case. Cruelty which might apply is also quite

remote. For example can your wife claim that you have been cruel by not disclosing your ex? We doubt it unless there are other extraordinary circumstances that are not known to us. All in all, we do not see how your wife’s petition will succeed on the ground as stated in your question. We suggest that you both seek counseling as it seems there might be more to this than meets the eye.

Suing on foreign ground

Upon reaching our destination overseas, we had to take a shuttle from the landing strip to the designated terminals. In the shuttle I held on to the the handle for support which snapped when the driver braked sharply. I felt on my back and hit my head on the ground resulting in serious back and hit my head on the ground resulting in serious back and head injuries. I contacted my travel agent who said that I could not sue anyone as I was in a foreign country and had no contract at the time of the incident. What should I do?

GS, Mtwara

Your travel agent is not your legal advisor and should perhaps limit its advice to travel matters. We say so because they are absolutely wrong. Being in a different country does not mean that you cannot sue someone. Not having a contract is also no ground for not being able to sue.

You travelled in an airline. You will have to refer to the terms of carriage and see to what point is the airline responsible for your carriage. Is it from terminal to terminal or is it from the rail of the aircraft when you enter, to the time you disembark. If it is terminal to terminal, you have a contract with your airline whom you can sue for these injuries as they would likely be in breach of safely transporting you.

In the event the airline’s contract is from the point of entry into the aircraft to the point of exit, you can still sue under the law of tort. Under tort you need not have a contract and the simple questions to ask are whether the person who caused the injury had a duty of care and whether there was breach of that duty that resulted in the injury or harm. In your case, we answer all these questions in the affirmative and believe you have a good case. Your attorneys can guide you on whom to sue but it could be the shuttle owners, airport/airport authority, airline and/or even the driver.

Amount paid without loan agreement

A friend of mine residing in Mwanza wanted a small loan from me of Tsh 2M. Being a gentleman that Iam, I remitted the funds through his bank account whereby I got a deposit slip. He also called me and acknowledged receipt of the funds. It is now six months and there are no signs of being paid back. He now denies that there was any loan agreement between us. Can I use the bank slip in court?

BM, Dar

Contracts may be written or oral although it is always adviseable that one enters into a written contract for clarity and evidence purposes. Whilst you can use your bank slip in Court, we believe your underlying question is how you can go about taking the matter to Court and proving that the funds were indeed a loan.

In the absence of a loan agreement, it becomes difficult but you can produce witnesses which may include friends and family who knew about this transaction. Unless he admits the amounts in Court, your pay in slip alone will very unlikely be sufficient evidence. Your attorneys can guide you further.

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