Three suitors, one husband

I remember reading a play titled Three Suitors, One Husband in school. The play was about three men wanting to marry a girl called Juliette. Two of these men had already paid dowry to Juliette’s family, and the third one, whom Juliette loved and wanted to marry, had nothing. I want to understand the legal perspective of the issues in the play. First, is taking dowry from different men for the same woman allowed by law? What are the remedies for the two men who paid the dowry and Juliette refused them? Can a woman choose whom she wants to marry? Please guide me.
RG, Mtwara

This is an interesting question which also reminded us of our school days! It is interesting to put a legal spin to this. First and foremost, the Law of Marriage Act, [Cap. 29 R.E 2019] (LMA) governs all matters related to marriage in Tanzania. On the first question, the LMA has no specific restriction on taking dowry from different individuals since dowry is not a requirement of the LMA but customs. Section 41 of the LMA provides that a marriage which in all other respects complies with the express requirements of this Act shall be valid for all purposes, notwithstanding any non-compliance with any custom relating to dowry or the giving or exchanging of gifts before or after marriage.

Nonetheless, section 71 of the LMA provides that a suit may be brought for the return of any gift made in contemplation of a marriage which has not been contracted, where the Court is satisfied that it was made with the intention on the part of the giver that it should be conditional on the marriage being contracted, but not otherwise. Dowry may be recovered through this route since the LMA defines it as any payment of stock, goods, money or other property made or promised in consideration of an intended marriage. Finally, women are free to choose whom they marry since, according to section 9(1) of the LMA, marriage is a voluntary union of a man and a woman, intended to last for their joint lives. A lawyer can guide you further.