By Adetutu Audu
A 50-year-old Tanzanian police officer, Darius Makambako, has instituted a suit against his 52-year-old colleague and neighbour, Evans Mastano, over an alleged breach of an agreement to impregnate his wife after Seventy-Seven unsuccessful attempts.
The suit, reportedly before a court in Dar es Salaam, followed an arrangement entered into by Makambako and Mastano after Makambako and his 45-year-old wife, Precious, remained childless for six years and a medical examination reportedly established that Makambako was sterile.
Makambako, a member of the Tanzania Police Force attached to the Traffic Department, allegedly sought the assistance of Mastano, who was also a police officer and already had two daughters, to impregnate his wife.
The arrangement reportedly provided for Mastano to have sexual relations with Precious three times a week for 10 months in 2016.
In consideration, Makambako allegedly paid him 2 million Tanzanian shillings.
Precious, who worked as a nurse at a private clinic, reportedly proceeded on a three-month leave between March and June 2016 to devote herself to the arrangement and improve the chances of conception.
Despite the arrangement, Precious did not become pregnant after the 10-month period. Mastano was said to have made 77 attempts during the period, with Makambako reportedly leaving the two together for extended periods.
Following the failure to achieve conception, Makambako allegedly demanded that Mastano undergo a medical examination to establish the cause of the unsuccessful attempts.
Mastano reportedly underwent the examination in January 2017, with the medical finding allegedly showing that he was also sterile.
The development subsequently triggered another revelation involving Mastano’s marriage. His wife reportedly disclosed that Mastano was not the biological father of their two daughters and that she had secretly had sexual relations with his cousin after discovering that her husband could not impregnate her.
The revelation further complicated the dispute between the two men, leading Makambako to seek legal redress.In the suit, Makambako is seeking recovery of the 2 million Tanzanian shillings allegedly paid to Mastano, contending that the agreed objective was not achieved.
Mastano, however, is opposing the claim, maintaining that he never guaranteed that Precious would conceive but only undertook to make an effort to fulfil the arrangement.
The court is now faced with the task of determining the terms of the alleged agreement, whether Mastano breached any enforceable obligation and whether Makambako is entitled to recover the money paid under the arrangement.
The outcome of the suit will therefore depend on the evidence presented by both parties and the court’s determination of the alleged contractual obligation.
