Love fraud

I am a man aged 39 living in Dodoma. For over three years, I was engaged to a woman and repeatedly promised her that we would marry. During this period, she devoted considerable time to me and supported me in many personal ways, including with household responsibilities. Recently, however, I met another woman whom I believe is better suited to me, and I decided to terminate my engagement. My fiancée now feels misled and wants to take legal action against me for breaking my promise to marry her. She has reported me to the police for being a fraud. I want to know whether my decision constitutes a criminal offence under Tanzanian law. Please assist me, as there is a warrant for my arrest and I am very scared.

VC, Dodoma

From an emotional perspective, you hurt your former fiancé by ending the relationship. From a legal standpoint, your decision to terminate the engagement does not constitute a criminal offence under the Tanzanian Penal Code. The law does not criminalise breaking a promise to marry, so the warrant is invalid unless you have committed some other crime. Nonetheless, section 69(1) of the Law of Marriage Act, Cap. 29 [R.E. 2023] provides that a suit may be brought for damages for breach of a promise of marriage made in Tanzania, whether the breach occurred in Tanzania or elsewhere.

The law sets certain conditions, such as no suit can be brought against a person who was under 18 years of age at the time of the promise, and damages awarded cannot exceed the actual loss suffered, specifically, expenditure incurred directly as a result of the promise. Additionally, the law does not permit suits for specific performance, meaning no one can be compelled by the Courts to marry.

There is also a time limitation under section 70 of the Law of Marriage Act, which states that no suit shall be brought more than 1 year after the date of the breach. In your case, this means that if your former fiancée wishes to pursue damages, she must do so within 1 year of the decision to end the engagement. Furthermore, if she made monetary contributions to your life in reliance on the promise to marry, she may pursue civil proceedings to recover those sums. While you have no criminal issues, be mindful of civil exposure and consult your lawyer for guidance.