Execution of an order for restitution of conjugal right

If a Court grants an order for restitution of conjugal right but the spouse ordered to restore the right refuses, how can the order granting the restitution of conjugal right be enforced? 
HY, Dar

Whilst we sympathise with you, the Law of Marriage Act and the Law of Marriage (Matrimonial Proceedings) Rules are silent on how to enforce an order granting restitution of conjugal right. Order XXI, rule 31 of the Civil Procedure Code prohibits enforcement of the order for restitution of conjugal right by way of arrest and detention as a civil prisoner but it does not provide how then such an order can be enforced. In our view, enforcement of an order for restitution of conjugal right needs voluntary compliance as it has no mode of enforcement that suits its peculiarity.

Student denied admission for failure to pay fee

My daughter who is in form two at a private school was refused admission by the school management on the ground that she has not paid full school fee for the first term that starts from January to June 2022. Due to financial difficulty I am experiencing now, I was only able to pay half the fee for this term but I wrote a letter to the headmaster requesting for time to pay the balance within the month of February 2022. I would like to know if the law allows a private school to refuse admission to a student or expel her from school for failure to pay full school fee. 
EK, Dar

Section 58(1) of the Education Act [Cap.353 R.E 2002] expressly prohibits a private school from expelling or refusing to admit a student for failure to pay school fee, subscription or contribution unless the private school has obtained a written approval of the Commissioner for Education to expel or refuse the student or pupil admission on account of failure to pay the school fee. Section 58(1) of the Education Act provides that ‘no fee, subscriptions or contribution shall be charged, levied or collected as a condition of admission or attendance at any private school except with the written approval of the Commissioner.’

Section 2 of the Education Act defines Commissioner as the Commissioner for Education and includes any person to whom he delegates the power to perform any function of the Commissioner under the Education Act. The functions of the Commissioner for Education can be performed by the District Education Officer and the Regional Education Officer in accordance with the Education (Power of the District Education and the Regional Education Officer) Regulations, 2002.

However, a private school can obtain approval from the District or Regional Education Officer to expel or refuse to admit a student or pupil for failure to pay school fee. You can report the incident to the District or the Regional Education Officer within the local jurisdiction of the private school that has refused to admit your daughter for him to take action against the headmaster of the school if the refusal has been done without a permit. Lastly, we must state that this is not a blanket exemption for you not to pay school fees. School fees ensure our teachers are paid well and on time.

Child maintenance order by foreign Court

I was married to a Tanzanian who was living in Europe and we lived for 10 years before we divorced. We are blessed with one child who is under ten years. Two years back I petitioned the Court for divorce in the country where we were living and I got a divorce decree and order for maintenance of the child. My former husband relocated to Tanzania and is no longer paying maintenance costs as ordered by the Court. Can you guide me how to execute the child’s maintenance order against my former husband who is currently working in Tanzania?  
TT, Dar

Section 141 of the Law of Marriage Act [Cap. 29 R.E 2019] allows execution of a foreign maintenance order of a child, wife or husband if the country whose Court issued the order has a reciprocal arrangement for enforcement of foreign maintenance order with Tanzania. In view of the Law of Marriage (Reciprocal Enforcement of Maintenance Orders) Order, countries with reciprocal arrangement for enforcement of foreign maintenance orders with Tanzania are the Republic of Malawi, England, Wales, Scotland and Northern Ireland. If your child maintenance order was issued by a Court of one of the above mentioned countries, it can be executed in Tanzania by following the procedure explained below.

The transmission of the foreign maintenance order has to follow the diplomatic channel up to the Minister for Foreign Affairs who shall send a copy of the order to the Court for registration. If the foreign maintenance order was made by a superior Court of the foreign country, the order shall be registered by the High Court but if it was issued by a lower Court, the order shall be registered by a resident magistrate Court in Tanzania. Once a foreign maintenance order is registered by a local Court it becomes enforceable like an order of a local Court.

Killing chicken by poison

My neighbor has poisoned my chicken on allegations that they have been going to his farm and destroying his crops during this planting season. I have reported this incident to the Police but they seem be unsure with what offence they can charge the suspect. Can you guide me please? 
PO, Morogoro

Section 325 of the Penal Code [Cap.16 R.E 2019] establishes the offence of unlawful killing of animal capable of being stolen but the Penal Code in its definition section does not define the term animal. We think that is the reason police have been hesitant to charge the suspect with the offence of unlawful killing of animal contrary to section 325 of the Penal Code.

However, poisoning a chicken is an offence under section 59(1)(f) of the Animal Welfare Act, 2008. The Animal Welfare Act defines animal as vertebrate and invertebrate. Chickens are covered by the definition of the term animal under the Animal Welfare Act because they are vertebrate, hence the police may charge the suspect under section the Animal Welfare Act.