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
Summary, issues, holding and outcome
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Parties
Daudi Benedict
Appellant
Laila Ibrahim Mukhi
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Who is entitled to custody of the minor child?
- 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.
Full Case Text
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