Identificaton

Dec 06, 2010 |

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Surety ordered to pay expenses |

   Two years ago, my uncle was accused of stealing a car and the case was brought before the Mtwara District Court. My uncle denied the charges against him and bail was granted. I became his surety and signed a bond of Tshs 500,000/=. In one hearing, my uncle could not appear as he had travelled to Mwanza to attend to his sick mum. I appeared and informed the magistrate who ordered me to pay Tshs 150,000 as expenses for the witness from Dar es Salaam and Tshs 40,000 for the witness from Masasi. So as to avoid being sent to jail, I paid up. Was this a fair order. |

PB, Mtwara |

   Assuming what you are saying is the truth and your uncle is not engaging in delaying techniques, and that his mother was really ill on the hearing day, we see no justification for the said orders issued by the trial Magistrate.

   The absence of the accused had been caused by circumstances beyond his control which you could not have done anything about. It is hence not justified for you as surety to pay expenses incurred by the prosecution witness regardless of where they come from. You are at liberty to appeal to the High court to set aside the said orders. Your legal advisor can guide you further. |

Compulsion to cohabitation |

    I got married in 1990 and our marriage is blessed with three children. In the last few months we’ve had frequent issues in our marriage as my wife does not approve of some of my habits. She has now gone back to her parents and refuses to come back to our matrimonial home. Can the Court support me by issuing an order for her to return? |

BH, Musoma |

  Marriage is a voluntary union between a man and woman and is contracted with |

| the consent of the parties. The Law of Marriage Act 1971 is also clear that no proceedings may be brought to compel a wife to live with her husband or a husband with his wife. Therefore the court cannot compel the two of you to live together.    The only...