N
Appellant failed to legitimise the child under customary law and did not establish presumption of marriage; therefore, custody remains with maternal family as per Rule 178.
- Citation
- N
- Parties
- Appellant: Augustine Mrema; Respondent: Respondent (unnamed)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1971
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Child Custody, Legitimation, Presumption of Marriage, Customary Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Augustine Mrema
Appellant
Respondent (unnamed)
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 custody of a child born out of wedlock
- 2 application of customary law versus statutory law
- 3 presumption of marriage under Marriage Act 1971
Ratio Decidendi
Appellant failed to legitimise the child under customary law and did not establish presumption of marriage; therefore, custody remains with maternal family as per Rule 178.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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