Q&A – 7 July 2025

Wife or concubine?

I have lived with my partner for three years. We have a child together and built a house. We are not officially married, but everyone in the community and our friends consider me his wife. Recently, my partner has become distant and has avoided intimacy with me, claiming it is due to work stress. Last week, he moved out of the house without telling me. I spent time searching for him, only to discover that he had been married to another woman in a church wedding five years prior. This woman, who was studying abroad, has now returned to Tanzania to live with her husband (my partner). I am concerned that this marriage might affect my status, although I have heard there is something called the presumption of marriage. Please advise me.
AK, Mwanza

The Law of Marriage Act [Cap 29 R.E. 2023] (LMA) covers your questions. Under section 160(1) of the LMA, presumption of marriage is recognised as a legal assumption that a union exists between a man and woman who have cohabited as husband and wife for at least 2 years, even without a formal marriage. This assumption can confer legal rights similar to those of a legally married spouse, including maintenance, custody, and a share of jointly acquired property.

To obtain this legal protection, one must apply to the court under section 160(2) for a declaration that a presumed marriage existed. The fact that the couple has a child together, shared a home, and was seen by the community as husband and wife strengthens the claim.

However, the presumption can be challenged if it is proven that one of the parties was already legally married to someone else during the cohabitation period. Courts of law have, in several decisions, clarified that the presumption of marriage cannot be invoked to defeat a legally recognised monogamous marriage. Therefore, when the Court is satisfied that the parties could not enter into marriage, the presumption of marriage cannot stand in their favour. Section 15(1) of the LMA makes it clear that no person, while married in a monogamous marriage, shall contract another marriage. A Christian marriage is considered a monogamous marriage, and hence, the man you cohabited with could not marry (unless he renounced his faith or divorced his wife). Consequently, the presumption of marriage cannot be invoked in your favour. Consult your lawyer on other remedies available for your situation.

Business betrayal

I started a catering business with my close friend, invested money and helped secure clients. We agreed to share profits equally, but we did not sign any agreement. Now she has registered the business at BRELA in her name alone. What can I do? Please enlighten me.
JM, Tanga

This situation highlights the risks associated with informal business arrangements. The relevant law for your situation is the Law of Contract Act, Cap 345 [R.E. 2023] (LCA). Section 190(1) of the LCA defines a partnership as a relationship between persons conducting a business together with the intention of making a profit. The relationship of a partnership arises from contract and not status. The terms of the contract are outlined in a document commonly referred to as the partnership deed or agreement. It is, however, not necessary that the terms be in written form. In determining whether a partnership exists, the law requires consideration of several factors, including mutual understanding, shared profits, and joint activities, which are sufficient indicators of a partnership.

Regarding the BRELA registration, it is governed by the Business Names (Registration) Act [Cap 213 R.E. 2023](BNRA). Registering a business name mainly serves regulatory compliance and does not automatically establish ownership rights in the business. Therefore, you can challenge the unilateral registration and assert your interest in the business by discussing it with your partner and effecting the joint names. Be sure to communicate the change to BRELA within 28 days as required under section 11 of the BNRA. We advise formalising the business arrangement through a written agreement to prevent further disputes. Consult your lawyer to guide you through this process.

Fridge fiasco

I run a home-based business selling cold beverages and a variety of ice cream. I bought a refrigerator from a local electronics store in Kariakoo, and it broke down just two days after I purchased it. I took it back, but they claimed I damaged it. The refrigerator came with a one-year warranty. Yet the shop refuses to repair or replace it. What are my rights? Please guide me.
LN, Dar es Salaam

We are sorry to hear about the trouble you have experienced. Your situation highlights a breach of consumer rights when a product, such as a refrigerator, fails shortly after purchase, despite having a valid warranty. Fortunately, the law protects buyers, and refusing to honour the warranty by failing to repair or replace the product is considered a legal violation.

The Sale of Goods Act, Cap. 214 [R.E. 2023] requires that goods must be of merchantable quality and suitable for their intended purpose. The fridge failing after two days suggests it may not have been of merchantable quality or fit for purpose. This constitutes a breach unless the seller can prove that the misuse of the fridge was on your part. Moreover, the Fair Competition Act, Cap. 285 [R.E. 2023] mandates that sellers honour warranties and sell safe, durable goods. Failing to repair or refund constitutes a violation that may lead to legal action. The law states that the supplier is liable to compensate the consumer for any loss or damage, and the consumer can recover the compensation through legal proceedings against the supplier in a Court of competent jurisdiction. To safeguard your rights, you should send a written demand to the seller. Given the legal complexity of consumer litigation, it is advisable to consult a qualified lawyer specialising in consumer protection law.