Dowry cows returned skinny

Three months ago, I got engaged to a beautiful woman with a very high bride price. I offered her family 10 fat, healthy cows as the bride price. Unfortunately, the engagement was called off after she found a fellow who was wealthier than I am. Her family has returned the cows, as is customary among our people. However, here is the issue: the cows are now so thin they look as though they survived a drought! Those people neglected the cows, and they now resemble walking skeletons. I believe I should be compensated for the lost value or weight, but the family insists they have fulfilled their obligation by returning the cows. Do I have a case? Please advise me.
JM, Shinyanga

We are sorry to hear of these unfortunate events. We believe this dispute concerns the return of dowry under customary practices. The Law of Marriage Act Cap.29 [R.E 2019], which governs marriages in Tanzania, allows customary law to be applied in matters of marriage where appropriate. Further, customary law is formally recognised as a source of law by the Judicature and Application of Laws Act, Cap. 358 [R.E 2019] (JALA). According to section 11 of the JALA, customary laws may only be applied by Courts in matters of a civil nature and with respect to cases (a) between members of a community in which rules of customary law relevant to the matter are established and accepted, or (b) between a member of one community and a member of another community if the rules of customary law of both communities make similar provision for the matter. If customary law is applied, the Court concerned is required to apply the customary law prevailing within the area of the local jurisdiction of the Court, or if there is more than one such law, the Court is required to apply the customary law applicable in the area in which the act, transaction or matter occurred or arose.

Our review of customary law has found that fairness is the guiding principle in dowry/bride price issues. While you have not told us what tribe you are, we have learned that most customs dictate that the returned bride price, be it a cow or cash, must be in the same condition it was in when handed over. If you can prove that your cows were fat and now were turned into walking skeletons due to neglect, you could have a strong claim for compensation. In these kinds of cases, evidence is key. Did you document the cows’ condition when you handed them over? Can a witness testify on the cows’ condition at the time of exchange? If not, it is your word against theirs. You may start addressing this matter through your community elders. If you choose to take this matter to Court, remember that Courts often rely on the testimony of community elders or witnesses familiar with the situation. For more guidance, consult your lawyer.

Reputation in trouble

I own a well-known beauty salon in Dar es Salaam. A TikToker with thousands of followers created a video asserting that my salon is the worst in Tanzania and that I have “ruined more hair than side-pieces have ruined marriages.” My clients are now cancelling appointments because of this viral video. I have tried contacting her to take down this damning video, but she says it is just her opinion. My reputation is being unfairly destroyed. What can I do? Please guide me.
LS, Dar es Salaam

In the digital age, defamatory remarks can unknowingly or knowingly go viral. While Article 18 of the Constitution of the United Republic of Tanzania, 1977, guarantees freedom of expression, it does not cover false and malicious statements. Statements that present themselves as facts must be backed by evidence, otherwise, they may be defamatory. Defamation occurs when someone spreads false information that damages another person’s reputation. The law is on your side if the statements are false and have caused harm to your business. Courts will consider whether a “reasonable person” would interpret the video as damaging to your reputation. To improve your chances of success, gather evidence of the damage, for example, cancelled bookings, and consider filing a defamation suit.

In addition, what the TikToker did is also a crime under section 16 of the Cybercrimes Act, 2015, which prohibits persons from publishing false, deceptive, misleading or inaccurate information with intent to defame. You can report the TikToker to law enforcement authorities for further action. In the meantime, to save your business, you can also use social media to post positive reviews and testimonials from satisfied clients, rebuilding your reputation while you deal with legal issues. Consult your lawyer for further guidance.

Goats crossed fence

My neighbour’s goats keep sneaking into my garden and munching on my vegetables. The other day, they devoured all my cabbages. I asked the owner to compensate me for the damages, but he claimed my fence was so weak that even a toddler could knock it over.  How can he not see that the goats eating my vegetables is his fault? I do not get it. Who is responsible for this? I feel like munching his goats. Please enlighten me.
SK, Kilimanjaro

We cannot guide you on whether or not to munch your neighbour’s goats!

Livestock owners are usually liable for damages caused by their animal’s trespassing on other people’s properties. From what you said, your neighbour is clearly at fault for failing to control his goats. However, your weak fence could be considered contributory negligence. Courts will often balance the blame in such cases, especially if the damaged party could have reasonably prevented the incident. We advise you to also consider strengthening that fence to prevent the goats from crossing over. In the meantime, if your neighbour continues to refuse compensation, you can report the matter to your local government officials. They can help mediate disputes between neighbours without dragging the issue into a full-blown court case. If this fails, consult your lawyer on the necessary steps to institute a suit. Good luck.