Q&A – 2 May 2016
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.
Refusal to get 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.
PV, 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 tenants, 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 tenants 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 tenants and tenants in common is critical and most property owners don’t know the difference. You should check this in your title deed.
Interpreter misleading Court
I appeared in a case where a party from outside the country had an interpreter. After the proceedings, I was told by someone that the interpreter was not truthful in the way he interpreted. Is this not an offence?
CO, Dar
Yes it is an offence. The Penal Code has provided for exactly such a situation and states that any person who, having been lawfully sworn as an interpreter in a judicial proceeding, willfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of the misdemeanor termed “perjury”. Section 104 further states that any person who commits perjury or suborns perjury is liable to imprisonment for seven years. However section 105 states that a person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
Company refuses to transfer shares of late husband
My husband was majority shareholder of a company in Arusha and died early last year. In his Will, I was the executor and beneficiary and after few months I managed to get a probate from the High Court in Arusha. I used that to transfer his shares into my name, as per the Will, but the company is refusing to accept it claiming they were not informed of this. What should I do?
RL, Arusha
We have greatly truncated the length of your actual question which you had sent as the matter is quite straight forward and all your revolving thoughts, some of which were quite impressive, are not necessary here.
The Companies Act states very clearly that the production to a company of any document which is by law sufficient evidence of probate of the will, or letters of administration of the estate, of a deceased person having been granted to some person; or the Administrator-General having undertaken administration of an estate under the Administrator-General’s Ordinance (Cap. 27).
Provided that a company shall not be bound to give notice under this shall be accepted by the company, notwithstanding anything in its articles, as sufficient evidence of such grant or undertaking. The Companies Act from the above gives you full protection.
You have not stated grounds that the other shareholders and or directors are refusing to transfer the shares. We do not see them having any such reservations especially when these shares have been inherited by you under your husbands Will. If this behavior continues, your attorney can consider taking the matter to Court to compel the other shareholders to recognize your shareholding. Meanwhile there might be major pilfering going on in the company and you might not want to delay this any further.
Will not signed by lawyer
My lawyer has not signed my Will and is now dead. Does that invalidate my Will. I am really worried as I do not want to leave an invalid Will. Please guide me?
FO, Arusha
First and foremost there is no requirement that your Will must be signed by your lawyer. Hence it does not matter whether he is dead or alive and you need not panic.
Secondly, your Will can be changed at any time meaning that even though he is no more, you can still go ahead and change your Will. A Will is an evolving instruent and changeable document and must be reviewed yearly or every two years. If you are still worried, we suggest you draft a new Will and get two witnesses to sign on it in your presence.