Funeral turned into a scandal

Last week, I attended a funeral expecting a sombre moment, but it turned into a scene from a film. Two women claimed to be the deceased’s legal wife. One placed a wreath at the coffin, while the other was denied and began shouting, ‘He was my husband too.’ The crowd froze, and the priest looked confused. I was stunned, wondering how he juggled two marriages being a Christian. I came to mourn, but now I need answers. Can a Christian have two wives? Please guide me.
MK, Kilimanjaro

Funerals are meant to offer closure, not open up dramatic revelations. The Law of Marriage Act, Cap. 29 [R. E. 2023], provides that a monogamous marriage is one where neither party is permitted to marry another person during the subsistence of the marriage. Christian marriages fall under this category. The law reflects the broader Christian view of marriage as a covenant between one man and one woman. Therefore, if the deceased was legally married under Christian rites, he could not lawfully have had two wives. Any second union would be considered void under the law unless it is proven that the first marriage was polygamous or potentially polygamous and not monogamous. Consult a lawyer for further guidance.

Betrayed under contract

I am a boutique business owner. I was so excited when I finally signed a deal with a tech company. They promised to build a mobile app for my boutique, something that would help me reach out to more customers and better manage my inventory. I did not have a lawyer at the time. The contract was thick, full of legal language, and honestly, I just trusted them since they were the experts. One clause stood out and stated ‘the client shall bear responsibility for any delays, including delays caused by third-party integrations, unforeseen technical issues, or miscommunication.’ I did not think much of it and assumed it meant that if I failed to provide what they needed, I would be responsible. Soon, everything went sideways. Their servers crashed. The payment gateway integration failed twice. I gave them everything they asked for, on time and still, the app was delivered nearly ten weeks late. I lost customers. I lost money. When I asked for compensation, they pointed to that clause and blamed me instead. I felt betrayed. How could they blame me for their own technical failures? Can this be legally justified?
EM, Dar es Salaam

We consulted a tech expert before responding to your question. He explained that technical issues typically include failures stemming from the company’s infrastructure or internal communication processes. In that case, it is highly unlikely that you caused the delay unless you hacked their systems. The expert pointed out that the contract should have clarified to the customer how their actions could contribute to delays related to technical problems. Legally, this situation illustrates why the law applies the contra preferentem rule when interpreting contracts. The clause you highlighted is inherently vague because it does not specify which party is responsible for different types of delays. It groups together ‘third-party integrations,’ ‘technical issues,’ and ‘miscommunication’ without assigning fault or defining the scope of actions that the other party must avoid lest they find themselves at fault. Since the contract was drafted by the tech company, any ambiguity will be interpreted against them. As a principle, the contra preferentem rule prevents the party that drafted the contract from benefiting from unclear language that could disadvantage the other party. Overall, the law seeks to safeguard parties from unfair, vague contractual language. Seek advice from your lawyer for further guidance, and in future, never sign a contract without your lawyer reviewing it.

Uncle’s legacy at risk

I was born in Germany to a family of missionaries. In the early 1990s, my family moved to Tanzania, where we engaged in missionary work and agriculture by renting farmland from local villagers. Life took a significant turn in 2010 when my uncle became a naturalised Tanzanian citizen and finally purchased his own land. Tragically, he passed away last month, leaving his farm and passion for agriculture to me. Although I have lived most of my life in Tanzania, I never sought Tanzanian citizenship, believing I could inherit the land as a family member. Now, a friend has told me I can’t own the land without citizenship, which has left me confused and seeking answers. Is this lawful? Tanzania feels like home to me. I want to continue my uncle’s legacy here. Please guide me.
JW, Ruvuma

This personal journey highlights the complex intersection of inheritance, citizenship laws, and legacy that have recently been addressed by the Court of Appeal. The Court clarified that under section 20 of the Land Act, Cap. 113 [ R.E. 2023], non-citizens are prohibited from owning land in Tanzania unless it is for investment purposes under the Tanzania Investment Act. This includes land acquired through inheritance. Even if the deceased was a Tanzanian citizen, the law as interpreted now restricts the transfer of land to heirs who are not citizens. The Court added that its decision is based on the National Land Policy of 1997, which prioritises land ownership for Tanzanian citizens. The Court emphasised that land is a sensitive national resource, and its ownership must align with constitutional and statutory provisions. This means you cannot legally inherit and own the property. As such, the ownership of the land will have to revert back to the Commissioner of Lands, who, by powers provided in the Land Act, may allocate it to someone else. However you may be entitled to compensation and/or might be able to sell it and retain the proceeds. To resolve this and preserve your uncle’s legacy, you may apply for Tanzanian citizenship and, if successful, request to be allocated your uncle’s land. Alternatively, your uncle’s land may be registered under an investment framework and later allocated to you as an investor. We cannot guarantee your success with these options, as it remains at the discretion of the government to allocate the land to you either way. Please consult your lawyer for further guidance.