Q&A – 6 August 2012
Lying in Court
The plaintiff in a case has filed an affidavit that is full of lies. In fact some are so obvious that any smart judge can pick up the lie. Is such lying not an offence?
YE, Dar
Lying in an affidavit is an offence of perjury. The law states that any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed “perjury”.
It is immaterial whether the testimony is given on oath or otherwise. It is immaterial whether the false testimony is given orally or in writing. Furthermore any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanor termed “subornation of perjury.”
If guilty, perjury can result in imprisonment of seven years.
Long term lease confusion
I entered into a lease in 2009 with a landlord who leased his premises for a period of 15 years hence expiring on 2024. It has now come to our attention that the title deed only had twelve years to expiration ie expiring in 2021. Can the lease be for a period longer than the title deed expiration? On a separate note, if a landlord has accepted rent when he has also given you notice to terminate a lease, can I bind the landlord to renewal since he accepted the rent?
RF, Bagamoyo
According to the Land Act, the holder of a right of occupancy may lease that right of occupancy or part of it to any person for a definite period or for the life of the lessor or of the lessee or for a period which though indefinite, may be terminated by the lessor or the lessee.
However the maximum term for which any lease may be granted shall be ten days less than the period for which the right of occupancy has been granted where the right of occupancy has been granted for a definite period.
From the above, the lease could not have been granted for a period of more than 12 years less 10 days from the time you entered into the lease. You will need to turn to interpretation of the lease and what was the intent at the time of entering the lease. One of the options you have is to agree on an addendum to correct the error. Should the Lessor not be cooperative, it is likely that based on severability principles, your lease may be held to be of 12 years less 10 days. It surely cannot be over this period as the law disallows such an arrangement.
Answering your second question, the Land Act states that where a lessee remains in possession of land without the consent of the lessor after the lease has been terminated or the term of the lease has expired, all the obligations of the lessee under the lease continue in force until such time as the lessee ceases to be in possession of the land. The Land Act further holds that when a lessor who accepts rent in respect of any period after the lease has been terminated or the term of the lease has expired is not, by reason only of that fact, to be taken as having given consent to the lessee remaining in possession of the land or as having given up on any of the rights or remedies of the lessor against the lessee for breach of a covenant or condition of the lease but where the lessor continues for two months to accept rent from a tenant who remains in possession after the termination of the lease, a periodic lease from month to month shall be deemed to have come into force.
Hence with acceptance of the rent does not necessarily mean that the lease has been extended.
Getting married again
I was married for 10 years before my husband died two years ago. We jointly acquired properties during our marriage as both of us were working in very good positions. I have met someone who has an interest in me and we intend to get married. My in laws are trying to stop me from getting married saying it was not allowed and that they would automatically have a claim on my properties. Please guide.
PE, Dar
Section 68 of the Law of Marriage Act does not restrict a woman to re marry and states that notwithstanding any custom to the contrary, a woman whose husband has died shall be free- (a) To reside wherever she may please; and (b) To remain unmarried or, subject to the provisions of section 17, to marry again any man of her own choosing: Provided that where the parties were married in the Islamic form the widow shall not be entitled to re marry until after the expiration of the customary period of iddat.
As for your in laws, if you acquired the properties as joint occupiers, then upon the death of your husband the property vested, automatically with you, as the other surviving joint occupier. However if you acquired the properties as occupiers in common, then your portion under the title remains with you and your husband’s portion will be transferred to whoever he mentioned under his Will. The distinction between joint occupiers and occupiers in common is critical and most property owners don’t know the difference.
Insulting religion
There is a young man who waits after Sunday Church and insults our religion. Whilst there is freedom of speech in Tanzania this is going too far. Is there a law to protect such insults?
UT, Dar
Yes there is a law that protects religious beliefs from insults. The Penal Code clearly states that every person who with the intention of wounding the trespassing feelings of any person or of insulting the religion of any person, or with the knowledge that the-feelings of any person are likely to be wounded or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour. You should report this behavior to the police who can take appropriate action.