19940614 TZHC Dar es Salaam

19940614 TZHC Dar es Salaam

The respondent, as the mother, is entitled to custody since there is no evidence she is unsuitable or unable to care for the child, and the appellant's unilateral removal was not in the child's best interest.

Citation
19940614 TZHC Dar es Salaam
Parties
Appellant: Daudi Benedict; Respondent: Laila Ibrahim Mukhi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 1994
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Child Custody, Parental Rights, Welfare of the Child
Source Language
English

Case Brief

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Parties

Daudi Benedict

Appellant

Laila Ibrahim Mukhi

Respondent

Procedural Posture

Civil Appeal / Second Appeal

  1. 1 Who is entitled to custody of the minor child?
  2. 2 Whether the appellant's unilateral removal of the child was lawful and in the child's best interest.

Ratio Decidendi

The respondent, as the mother, is entitled to custody since there is no evidence she is unsuitable or unable to care for the child, and the appellant's unilateral removal was not in the child's best interest.

Court Disposition

appeal dismissed

Orders

  • Child to be returned to the respondent forthwith as ordered by the lower courts.