19700721 TZHC Mwanza

19700721 TZHC Mwanza

The lower courts were correct in relying on the evidence of the child's mother and her father to determine paternity and custody in the absence of documentary evidence. The appeal is dismissed as the findings of fact and application of customary law were proper.

Citation
19700721 TZHC Mwanza
Parties
Appellant (original Defendant): Otugo Masila; Respondent (original Plaintiff): Turwa Okech
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 July 1970
Procedural Posture
Civil Appeal / Second Appeal From District Court to High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Child Custody, Paternity, Divorce, Customary Marriage
Source Language
English
Family Law Customary Law Child Custody Paternity Divorce Customary Marriage

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Parties

Otugo Masila

Appellant (original Defendant)

Turwa Okech

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / Second Appeal From District Court to High Court

Legal Issues

  1. 1 Whether the appellant or respondent is the lawful father of the child in question under Luo Customary Law
  2. 2 Whether the District Magistrate erred in declaring Ojwaga still the lawful wife of Turwa despite undisputed divorce

Ratio Decidendi

The lower courts were correct in relying on the evidence of the child's mother and her father to determine paternity and custody in the absence of documentary evidence. The appeal is dismissed as the findings of fact and application of customary law were proper.

Court Disposition

Appeal dismissed with costs.

Orders

  • District Magistrate's declaration regarding marital status of Ojwaga and Turwa is declared null and void and not to form part of the record.
  • Costs awarded against appellant.