19741119 TZHC Moshi

19741119 TZHC Moshi

The child was not conceived during the subsistence of the marriage, and there was no evidence to support the respondent's paternity or entitlement to custody. The trial court's findings were upheld, and the appellate court's reliance on extraneous knowledge was rejected.

Citation
19741119 TZHC Moshi
Parties
Appellant: Consolata Ochuodho; Respondent: Naftali Okeyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 1974
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Paternity, Child Custody, Divorce, Bridewealth
Source Language
English
Family Law Paternity Child Custody Divorce Bridewealth

Case Brief

Summary, issues, holding and outcome

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Parties

Consolata Ochuodho

Appellant

Naftali Okeyo

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent is the father of the child born after cessation of cohabitation
  2. 2 Whether the respondent is entitled to custody of the child

Ratio Decidendi

The child was not conceived during the subsistence of the marriage, and there was no evidence to support the respondent's paternity or entitlement to custody. The trial court's findings were upheld, and the appellate court's reliance on extraneous knowledge was rejected.

Court Disposition

appeal allowed

Orders

  • Child Ober to be handed back to his mother Consolata Ochuodho
  • Respondent to pay appellant costs of shs. 8 inclusive of shs. 44 fare