20161024 TZHC Arusha

20161024 TZHC Arusha

Given the absence of confirmed arrangements for the child's well-being by her parents or social welfare, and the applicant's demonstrated commitment to the child's care, it is in the best interest of the child to grant the application for guardianship and custody to Claire Upshall.

Citation
20161024 TZHC Arusha
Parties
Applicant: Claire Upshall; Subject Child: Nancy Ngaya Samuria; Natural Mother: Grace Ngaya Samaria; Natural Father: Ngaya Samuria Kawia; Uncle: Edward Michael Siyokino Parteiyi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Legal Custody and Guardianship
Outcome
Application granted
Legal Topics
Guardianship, Legal Custody, Best Interests of the Child
Source Language
English
Family Law Child Welfare Guardianship Legal Custody Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Claire Upshall

Applicant

Nancy Ngaya Samuria

Subject Child

Grace Ngaya Samaria

Natural Mother

Ngaya Samuria Kawia

Natural Father

Edward Michael Siyokino Parteiyi

Uncle

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Legal Custody and Guardianship

Legal Issues

  1. 1 Whether Claire Upshall should be appointed legal guardian and granted custody of Nancy Ngaya Samuria
  2. 2 Whether it is in the best interest of the child to grant the orders sought

Ratio Decidendi

Given the absence of confirmed arrangements for the child's well-being by her parents or social welfare, and the applicant's demonstrated commitment to the child's care, it is in the best interest of the child to grant the application for guardianship and custody to Claire Upshall.

Court Disposition

Application granted

Orders

  • Claire Upshall appointed legal guardian of Nancy Ngaya Samuria
  • Custody of Nancy Ngaya Samuria granted to Claire Upshall