Sandwich stolen at work

I am an employee at a prestigious accounting firm. Every morning, my colleagues and I bring breakfast snacks for our tea break. I usually carry an expensive, decadent cake and sandwiches made by my wife, who is a chef at a five-star hotel. Many times, when I have brought plenty, I share with my colleagues, and they often praise my wife’s cooking. One day, I brought just one slice of a sandwich, which was impossible to share. To avoid my colleagues begging, I decided to store it in the office fridge and have it later. When I finally chose to have my tea, I discovered that the sandwich had vanished. I was so hungry that day, so I checked the security footage to find the culprit. What I saw was astonishing. The footage revealed that my colleague, a respected lady, had taken it. When I confronted her, she claimed it was ‘abandoned property’ since the tea hour had already passed. Losing my beloved sandwich has me wondering whether taking someone else’s food constitutes theft. Please guide me.
MS, Dar es Salaam

We are sorry to hear about this and can imagine your frustration. In Tanzania, taking someone’s property without their consent may constitute theft. Section 258 of the Penal Code, Cap. 16 [R.E 2022] (Penal Code) generally defines theft as dishonestly taking property belonging to another with the intent to deprive them of it permanently. Further, section 265 of the Penal Code provides that any person who steals anything capable of being stolen is guilty of theft and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen, some other punishment is provided, to imprisonment for 7 years. In your context, the sandwich was a personal property since food is generally considered tangible personal property. This means it’s a physical item that you can own and control.

We understand your disappointment and hope that you can amicably settle this with your colleague. Should you want to escalate the matter, consult a lawyer for further guidance.

Plane delayed entire day

I am a resident of Dar es Salaam and was scheduled to travel to Kigoma for my wedding. I booked a flight one day before the wedding as I could not find flights on an earlier date. Sadly, my plans were disrupted when the airline cancelled the flight without prior notice. I was already at the airport and ready to board. Unfortunately, it was too late to arrange alternative transport to Kigoma, and the wedding date had to be postponed. Moreover, my soon-to-be wife thought I was abandoning her. Upon hearing that I could not travel for our wedding, she fainted. It was only later that she understood the situation, but by that time, it was too late. The fainting incident caused her to suffer headaches from the fall. Do I have any rights against the airline? Please guide me.
SD, Dar es Salaam.

We are sorry to hear about this frustrating experience, especially given the significance of your travel plans. The Civil Aviation (Carriage by Air) Regulations, 2024(GN No. 4 of 2024) govern aspects of the carriage of passengers, goods and cargo by Tanzanian airlines. Regulation 24 of provides that in the case of cancellation, delay or denied boarding, passenger shall be offered-(a) reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats. Please contact the airline for further information on the airline’s cancellation policy and check your ticket for terms and conditions which may affect your rights against the airline. If the airline refuses to give you your rights, consider filing a complaint with the Tanzania Civil Aviation Authority (TCAA) or seeking legal advice.

Regarding your wife’s suffering, it may not be straightforward to hold the airline accountable for this incident, as she was not a passenger with this airline. Please consult your lawyer for further guidance.

Documents not pleaded

We instituted a suit in one of the city’s Courts. Unfortunately, we lost the case because we were denied the right to refer to certain documents. According to the Court, these documents were neither mentioned nor attached in the pleadings. We are a bit confused about this. Why did the Court deny our right to be heard?
CJ, Mwanza

We are sorry to hear about your loss. Since we do not have all the facts of your case, we will confine our advice to the pleadings. In simple terms, a pleading is a formal written document that states the reasons for bringing a legal action against someone else. Pleadings are essential in a civil suit as they explain the facts of the case, the cause of action, prayers, and evidence relied upon by the parties. It is a cardinal principle of pleadings that the parties to the suit should always adhere to what is contained in their pleadings unless the Court permits an amendment. The rationale behind this proposition is to bring the parties to understand the issues in dispute and not to take the other party by surprise. Any party seeking to refer to any document not pleaded and/ or annexed to the pleadings must seek the Court’s leave to amend the pleadings so as to enable them to refer thereto. This legal position has been expounded in a number of decisions of the Court of Appeal of Tanzania, and it is therefore a settled law in Tanzania. Your lawyer may guide you further.