Q&A – 17 August 2015
Wife disallows me to see her
My wife comes from a very conservative background and since we have been married she doesn’t allow me to see her. I have tried all types of tactics but she says she is not ready for it as yet. How do I handle her as it is causing a lot of frustration in me?
GO, Mwanza
We assume when you say she doesn’t allow you to see her you mean she doesn’t allow you to see her naked.
We answer the question on this basis and if that is not what you meant please excuse us.
When one marries, conjugal rights or sexual intercourse is an automatic right that one has with their partner.
If one partner doesn’t allow the other to see them naked, then we assume that there is no sexual relation in the marriage unless there is a way that the couple can have sex with their clothes on- we find it difficult to visualize this but it may be possible with special clothes.
If you file an application in Court, a Court cannot force her to allow you to see her. If she still refuses then you need to see a marriage counselor.
In the end not getting your conjugal rights is a very solid ground for divorce. Every person is born a conservative and then becomes liberal- you might also want to consider giving her more time.
Court during arbitration
We have a clear cut arbitration clause in our agreement but the joint venture local partner has sued us at the local Court in Tanzania. Is this case maintainable? What should we be doing?
MK, Dar
If there is an arbitration clause in the agreement than the local Court has no jurisdiction to entertain the suit.
The local Court would only have jurisdiction if the local partner requires an injunction against you, but that injunction would be conditional upon arbitration commencing.
Section 6 of the Tanzanian Arbitration Act clearly states that power to stay proceedings where there is a submission where a party to a submission to which this Part applies, or a person claiming under him, commences legal proceedings against any other party to the submission or any person claiming under him in respect of any matter agreed to be referred, a party to the legal proceedings may, at any time after appearance and before filing a written statement or taking any other steps in the proceedings apply to the court to stay the proceedings; and the court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper conduct of the arbitration, may make an order staying the proceedings.
We advise that before you file your defence you should file an application for the matter to be stayed and referred to arbitration.
The arbitration can then commence.
Radio station misled me
I was on the radio station when the commentator said that whoever answered this difficult question wins a motorbike. I quickly dialed in, got the answer right and went to the radio station the next day. Awaiting at the reception for me was a toy motorbike. I want to teach the radio station a lesson- can I sue? Any rationale person would think that they would award a real motorbike.
IJ, Dar
It is hard for us to guide you without getting more information on how the commentator portrayed the prize.
If he misled you into believing that a real motorbike would be awarded, and if that is what a reasonable person would have thought, you will have a good case against the radio station and can sue with a prayer for specific performance or cash equal to the amount of the motorbike.
You will need to lead evidence that you were misguided, a reasonable person would have thought like you and that such prizes have, perhaps, been awarded before.
For example if there is a track record of toys being given out by the radio station, and if you knew that, than there are high chances that your suit will not succeed.
IT school lied about jobs
I failed form IV and went to this IT school in Dar that guaranteed I would get a job once I pass their course. I spent 2 years in the school and have been looking for a job for the past 1 year. Todate I have found no job. I went back to the IT school for my refund and they said that that was merely an advert and I needed to further upgrade my skills before I could get a job. What should I do? Is this IT school not taking all for a ride with their colourful advert?
EL, Dar
We have also seen such adverts in the press where schools guarantee 100% success in getting a job, only for the candidate not managing to get placed. Although you did not send the advert to us, if we go by what you say, we believe there is a good cause of action against the school.
Infact, you might be able to find other students who have also been fooled into this job guarantee scheme who can join you in the suit.
The school might come back with a defence that this 100% assurance was for the top students only or otherwise, and you must be prepared to argue that point based on what you read.
There is also a possibility that the advert has some fine print in small font at the end of the advert.
Court’s look at such fine print suspiciously but on a case to case basis.
In short, you might be able to take the IT school to task- there are no shortages of such mediocre schools in Dar.