Q&A – 19 May 2014

Embarrassing relative in party

I am a famous and well off man in Dar es Salaam and had organized a party in a prestigious hall to celebrate my wedding anniversary. In this party I invited many celebrities in Dar including musicians, politicians and corporate personalities. In the invitation cards I specifically provided for the dress code for the event. On the invitation list was an uncle of mine from upcountry whom I had invited as a formality and was not expecting him to show up. Unfortunately he did attend and was dressed in slippers and mismatched cheap clothes such that he was taken as an invader by the guards until I intervened and let him in. To add salt to injury, he went moving around introducing himself to guests as my uncle and that he was proud of my achievements. I am deeply disappointed with all this since the guests will think I come from a poor background. I want to teach my uncle a lesson now. Is there a way I can do this legally?
ID, Dar

As a matter of principle you should understand that generally to have a legal recourse (in legal language to have a cause of action) you should first plead that you have a right of claim against the person you are suing; second that your right has been infringed; third that the person you are suing is the one who infringed your right; and fourth, that you have suffered damages or loss.

Coming back to your grievances you have admitted that you let your uncle in, thus he cannot be a trespasser in your party which implies also that you accepted him as he was in terms of dressing. At that juncture you had the opportunity of not letting him in, in view of the party dress code.

As for the fact that he informed the guests that he is your uncle, we do not see the problem here as from your question it is quite evident that this is the truth. Unfortunately your ego or wealth will not change the fact that he is your uncle, and he will remain so for life.

We suggest you get a mediator to reconcile your differences. When you die, both you and your uncle will be buried six feet below the ground, and from what we read in the scriptures, there will be no one to distinguish between the rich and poor.

You need the services of both a lawyer and a social advisor.

Paying debt in instalments

I have been sued for a breach of loan agreement in the High Court, Commercial Division. I do not need to defend this suit since I do not dispute the claim. Presently I am only waiting for payments from a certain public institution which are expected after the budget session. What I am scared of is how the Court will react if the plaintiff refuses my request. Please guide.
YR, Mwanza

The High Court (Commercial Division) Procedure Rules, 2012 allows a defendant to make an admission of the claim and request for time to pay the amount admitted. This should normally be done and filed with the admission. The rules further require the Court to enter judgment on the amount claimed and admitted upon filing of an admission of the claim.

However, when the plaintiff does not accept the defendant’s offer as to the time of payment, he shall state his reasons for rejecting the defendant’s proposal. In such a situation the Registrar of the Commercial Court will decide taking into account both submissions, and make an order as to the installments payable on such terms as he considers fit. Any party aggrieved may refer the matter to a judge whose decision shall not be appealable.

Also a point worth noting is that if the prayer to pay in installment is allowed and you fail to pay as agreed, then the right to pay by installment shall be abrogated and the plaintiff shall be entitled to execute the decree for the outstanding sum in full without further notice.

In the alternative, you may also consider entering into a settlement agreement with the creditor and the same can be recorded and be made a decree of the Court.

Right to work

Our constitution guarantees the right to work and the right to be paid remuneration for the work done. I am a recent graduate and have been applying for work for almost two years now with no avail. I even applied for jobs in the government; however with the nepotism there, they never call me. I think this provision in the constitution is being breached especially for recent graduates. Can I file a suit in Court against the government and force them to get us jobs? What is the procedure?
TK, Bukoba

We do understand that employment has been challenging as there are more graduates than the available employment. The right to work and right to remuneration for the work done are protected in the constitution to ensure that those two rights are protected. You however cannot sue the government because it has failed to employ you. Employment can either be through self employment or employment by the government or private sector. Hence if you are not employed by the government, the other employment options should be looked at.

The provision in the constitution on the right of employment does not mean that the government has to guarantee that every person has employment. We urge you to seek for creative ways to earn an income legally but such a suit against the government is not likely to succeed. You can consult your lawyer for further guidance.