Photographer vanished

I hired photographers for my wedding, paid them in advance, and they promised to deliver the photos within two weeks. It’s been three months, and they have vanished with no photos or refund. I have taken all measures and gave up. My wife has experienced emotional distress as she was looking forward to sharing these photos with her family and friends who could not attend the wedding. What can I do? Please guide me.
LS, Dodoma

We regret that the memories of your wedding have vanished along with the photographer. Under contract law, this constitutes a clear case of breach of contract since the photographers failed to fulfil their obligations after receiving payment. Section 73 of the Law of Contract Act Ca. 345 [R. E 2019] provides that where a contract has been broken, the party who suffers such a breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Further, the compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.

In estimating the loss or damage arising from a breach of contract, the Court will take into account the means which existed of remedying the inconvenience caused by the non-performance of the contract.

You may file a formal demand notice for delivery of photos if you have not done so already. In case of further default, then proceed to Court to seek either a refund or specific performance (delivery of the photos, if they exist). As for the claims on damages for the emotional distress caused by their failure to deliver on such an important occasion, damages for breach of contract are generally limited to actual financial losses suffered by the injured party. However, section 73 of the Act allows for compensation beyond direct monetary loss if the damages were a natural consequence of the breach. For future events, consider drafting a written agreement with clear deadlines and penalties for non-performance. Consult your lawyer for further guidance.

Neighbours stealing Wi-Fi 

My neighbours have been using my Wi-Fi without permission, and now my internet is slow because they are streaming movies all day. Can I take legal action?
JM, Dar es Salaam

Neighbours can be challenging at times. You have not informed us whether you secured your Wi-Fi with a password to prevent unauthorised access. However, if you have done so, the answer to your question is yes, you can! Under the Cybercrime Act, Act No. 14 of 2015, the unauthorised use of someone’s internet connection is regarded as illegal access to a computer system.

Section 3 of the Act defines a computer system as a device or combination of devices, including network, input, and output devices that can be used in conjunction with external files containing computer programmes, electronic instructions, input data, and output data that perform logic, arithmetic data storage and retrieval, communication control, and other functions. This implies that a Wi-Fi network is also considered a computer system. According to sections 4(1) and (2) of the Act, a person shall not intentionally and unlawfully access or cause a computer system to be accessed. A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not less than TZS 3M or 3 times the value of the undue advantage received, whichever is greater, or to imprisonment for a term of not less than 1 year, or to both.

You can report the matter to the Cybercrime Unit of the police, who may take action against your neighbours. In the meantime, consider securing your Wi-Fi with a strong password to prevent further misuse. Remember, sharing is caring, but only with permission! Consult your lawyer for additional guidance.

Evidence obtained in undercover operation

I am a private investigator working for a security firm in Tanzania. Recently, I was hired by a client to uncover fraudulent activities within their business. Through undercover operations, we gathered substantial video recordings and electronic communications proving financial misconduct. We shared this evidence with law enforcement, who are now conducting their investigation based on our findings. I am wondering whether evidence obtained through undercover operations is admissible in court. Please guide me.
KM, Arusha

In legal terms, the acceptance of evidence is known as admissibility, meaning the Court can consider it when making a judgment. For evidence to be admissible, it must be relevant, material, competent, and not barred by any exclusionary rule. Under Section 40A of the Evidence Act, Cap. 6 [R.E 2022], certain types of evidence obtained through undercover operations are admissible in Court, including information retrieved from computer systems, networks, or servers; records obtained through surveillance, including electronic transmission or communication data; and audio or video recordings capturing actions, behaviours, or conversations of individuals facing charges. This means that undercover recordings, digital data, and surveillance materials collected legally can be used in Court, provided they meet admissibility criteria.

However, illegally obtained evidence, such as recordings made in violation of privacy laws or obtained without proper authorisation, may be excluded. To ensure compliance with legal procedures, consider consulting a lawyer who can guide you on the proper handling and submission of such evidence in Court.