Passenger refusing to pay

I am a motorcycle driver commonly known as a boda boda. Last week I carried a passenger who had been dropped off at a bus stop since traffic was heavy that morning. On the way, he lamented having to wake up early to arrive at work on time, and sometimes he is forced to abandon the bus and take a boda due to traffic. I sympathised with him but also joked that his peril is my luck, and we had a laugh. Surprisingly, when we arrived, he refused to pay, saying, ‘You have no receipt, so there is no proof I owe you.’ He even dared me to report him. Can I take any legal action, or is it my loss because I am an informal rider? Please guide me.

JB, Arusha

The law safeguards even informal service providers. By utilising your motorcycle transport services, the two of you essentially entered into a contract. The Law of Contract Act Cap. 345 [R.E. 2023] states that every lawful agreement for services is binding once performance begins, even if not written. The passenger accepted the ride and thus formed an unwritten contract with payment consideration for using your transport services. Therefore, refusing to pay after receiving a service constitutes a breach of contract. Nonetheless, the main challenge we see is locating this individual. However, if he requested your services via a mobile application, as is common nowadays, then you can track him through the app. If so, report this to the app provider so they do not charge you for the trip, and the dispute can be officially documented and more easily resolved.

We recognise that local governments have endeavoured to formalise motorcycle transport services, including the formation of local boda boda associations. These associations can consider best ways for motorcycle service providers to issue receipts, such as using a simple fare book signed by passengers to strengthen future claims. Consult a lawyer for further guidance.