Q&A – 27 July 2015
Neighbour’s security lamp disturbs me
I live in the outskirts of Morogoro in a very nice villa. Our neighbourhood is peaceful and safe but unfortunately my neighbour’s security lamps light up the surroundings as if it is broad daylight. I usually use my experience to check the sky and decide what time it is. Ever since he has installed the lights, I get confused and either end up waking up too early or late. Can I sue my neighbor and get an injunction to stop him from switching on these lights?
MR, Morogoro
Unless there are other undisclosed facts, we do not think that your complaint amounts to nuisance. Your neighbour having lights for security does not seem to amount to any offence, annoyance, trouble or injury to you.
You can easily have curtains installed and can also use an alarm clock to wake you up in the morning, both of which are quite normal nowadays. In fact the curtains might make your “nice villa” even nicer.
Had the neighbour’s light been beaming directly into your window, that would likely amount to nuisance. Not otherwise. With the facts as they stand, we believe you will likely not succeed in getting an injunction against your neighbour.
Boss employs only beautiful women
I understand that bosses can employ anyone they want. However at our work place this is gone to the extreme and my boss only employs tall beautiful women placing them at reception. Most men in the office are failing to concentrate at work and we believe that he should balance by also employing some normal women. What can we do? Is this allowed under our labour laws?
GT, Arusha
Our labour laws do not tell employers whom to employ, which is left to the discretion of the employer. Discrimination is disallowed, but which we do not see in this case.
Employing women is not discriminative. Employing certain types of women for certain types of positions is also not discriminatory. If the whole office was filled with only tall beautiful women, then, perhaps discrimination might get triggered. Further our labour laws have not defined the word beautiful- after all beauty is in the eyes of the beholder.
As for you and your fellow men failing to concentrate and not being able to work, we suggest you get some of form of counselling as we find it hard to understand how you underperform at work because of tall beautiful women sitting at reception.
Anticipatory bail in Tanzania
I am a citizen of a foreign nation now resident in Dar and have been summoned to report to police station several times on allegations that I am involved in an offence. There are high chances that I will be charged in Court. As in other countries, can I apply for bail in advance? I have heard that getting bail in Tanzania can be difficult with the public prosecutor many a times behaving aggressively towards the accused even if it is a bailable offence. I’m also informed that the magistrates also ask for time to decide on bail applications meaning that I will end up in remand prison for a few days. Kindly guide.
YF, DSM
It is true that getting bail can be very tricky with prosecutors trying every possible trick to challenge bail even though our remand prisons are full. We are informed that it is something that the Chief Justice has ordered the other members of the judiciary to be careful of when denying or delaying bail. It is equally true that the magistrates sometimes do ask for time to make a ruling on bail, especially when the prosecutor challenges it.
Unlike other countries, in Tanzania there is no concept or provision in the penal code of anticipatory bail, what you call advance bail. Anticipatory bail is when a person, such as yourself, can apply for bail in advance so that on the day you are arrested or charged, if at all you are charged, bail has already been granted and you are assured of returning home.
Bail is a tricky subject and your lawyer can guide you further.
Deductions of sale proceeds in execution
I successfully sued a company in the High Court of Tanzania. The judgement ordered the defendant to pay me a large sum of money in the hundreds of millions. In enforcing the judgement, I applied for execution where as one immovable property was attached and sold in the auction by the Court broker. The Court has however deducted 10% of the sale proceeds and the remaining has been remitted to me. Is this lawful? Have I not been reaped off. Is 10% not a very high figure? Please guide.
DF, Dar
Attachment and sale is one way where a Court can assist a decree holder to enjoy the fruits of its judgement. In your case, the Court Brokers and Process Servers (Appointment, Remuneration and Discipline) (Amendment) rules, 2008 provide the answer.
The total percentage for attaching and sale of the immoveable property is indeed a total of 10%, which can turn out to be expensive for you. However, this is the way the law and rules are structured and at this stage you cannot do much to challenge this.
Unless there are other undisclosed reasons you may have, we think the Court acted lawfully to make the deductions.
Bank changing interest rate
I have borrowed money from a bank which is secured by way of a mortgage. My interest rate does vary and every few months I see different interest rate being used. Is this legal?
ER, Dar
You stated yourself that the interest rate is variable – we do not see that as being illegal. However what we find surprising is that the bank is not giving you advance notice of the change in interest rate. This is in breach of section 120 of the Land Act, which requires a written notice to be sent to you with the new interest rate, the date from which it applies, the change to your monthly payment and when the first payment is due. If the above is not adhered to, you can challenge the basis of this change in interest rate.