Q&A – 10 March 2014

Wedding photo in paper

I am a big shot and got married in a lavish wedding. During the wedding, some photographers sneaked in and took my photos. I appeared in all the major papers and my girlfriend is now furious about my marriage to this new woman. Can you help me? Can I sue the papers?
KG, Dar

We are unsure what help you need from us. What we are confused about is that you got married and have retained a girlfriend meaning that you are engaged in an adulterous relationship outside of marriage. Notwithstanding that you are a “big shot” and in case you didn’t know, adultery is a ground of divorce and it is not your girlfriend who should be getting upset but your wife. You should remember your wedding vows and likely need the services of a marriage counselor not lawyers.

As for the photographers, with the limited information we have about you, we are unsure whether you have been defamed or your privacy has been breached. It seems that your major concern is that your girlfriend is unhappy with your marriage which doesn’t really give you a cause of action against the newspapers. You also claim to be a big shot and if you are as “big a shot” as you think, it may also be hard for you to sue the paper for defamation. Big shots are in the public domain and should expect such happenings. We suggest you contact both a marriage counsellor and perhaps a priest. You need to truly understand what it means to be married. Lawyers might not be the most useful but you can try them as well.

Payment of water bills after moving

I used to own and live in a certain house in Dar es Salaam and few months ago I moved to another place and sold the house. To my surprise I have received the water bills for the water used in the house post selling. I informed the water authority of this and tried to explain that I moved and sold the house months back and they should claim the amounts from the current occupier. However, the water authority is adamant that I should pay. Is this legal? How do I challenge this?
JO, Dar

Water Supply Regulations GN No. 90 of 2013 states that if and whenever any consumer ceases to occupy any premises supplied with water or cease to use the water supplied by the water authority, such consumer shall give a prior notice of not less than three days in writing to the water authority and upon receipt of such notice the water authority shall disconnect the water supply at the expense of the consumer.

The GN further states that the owner, occupier or consumer of any premises liable of any water rater and who has given notice of his intention to vacate the premises or cease to use the water supplied by the water authority shall pay the rates up to the end of the calendar month in which such removal or discontinuance takes place. From the foregoing provisions of the regulations, it is clear that you should have given notice that you are vacating the premises and the water authority would have disconnected the water to ensure that the new occupant introduces himself to the water authority and executes a contract for the supply of water.

Since you did not issue a notice, the said bills are accumulating in your name because the water authority isn’t aware that you have sold the premises. We are of the opinion that you should consider paying the related costs and can proceed to claim the amounts from the current occupier. Your attorney can provide you further options.

1% stamp duty

We are two parties that executed a certain agreement that we know required to be stamped with 1% stamp duty. However the document was executed outside the country and we are unsure if any penalties apply as the contract only started 90 days later and we brought it to Tanzania to register after about 5 weeks. Are we liable to pay any penalties as I am told the penalties are ten times the amount of stamp duty payable.
TO, Dar

If your claim of the document having been signed overseas is true, then section 26 of the Stamp Duty Act has a specific provisions for this. It states that every chargeable instrument executed out of Tanzania Mainland shall be stamped within thirty days of its first arrival in Tanzania Mainland: Provided that– (a) where any such instrument is brought to a proper officer for adjudication under section 42 of this Act within such thirty days, the period from the presentation of the instrument to the proper officer until the notification to the person who presented it of the decision of the proper officer shall be excluded in computing the said period of thirty days; and (b) promissory notes and bills of exchange payable on demand or at not more than thirty days from sight or date shall be stamped within seven days of first arrival in Tanzania Mainland.

Hence assuming your document is not a promissory note or bill of exchange, stamp duty is only payable when the document arrived in Tanzania. We believe that you should not be paying any penalties.

Also the penalty on stamp duty is somewhat exaggerated. Since you have voluntarily produced this document, it has not been impounded and the ten times amount of stamp duty is not, based on the brief facts you have provided, applicable. A proper engagement with TRA should resolve this. Your lawyer can guide you further.