19771111 TZHC Mwanza

19771111 TZHC Mwanza

The appellant failed to discharge the burden of proving non-access or lack of opportunity for intercourse, while the respondent's evidence, including details of the relationship and corroboration by a witness, was sufficient to establish paternity under the applicable legal standard.

Citation
19771111 TZHC Mwanza
Parties
Appellant: Emmanuel Manuibu; Respondent: Simon Bundala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 November 1977
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision
Outcome
Appeal dismissed; district court judgment upheld.
Legal Topics
Paternity, Burden of Proof, Compensation for Pregnancy
Source Language
English
Family Law Civil Procedure Paternity Burden of Proof Compensation for Pregnancy

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Emmanuel Manuibu

Appellant

Simon Bundala

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision

Legal Issues

  1. 1 Whether the appellant could deny paternity after being named by the girl under para 183 G.N. 278/63
  2. 2 Whether the burden of proof was properly discharged by the appellant
  3. 3 Whether the respondent's evidence was sufficient to establish paternity

Ratio Decidendi

The appellant failed to discharge the burden of proving non-access or lack of opportunity for intercourse, while the respondent's evidence, including details of the relationship and corroboration by a witness, was sufficient to establish paternity under the applicable legal standard.

Court Disposition

Appeal dismissed; district court judgment upheld.

Orders

  • No order as to costs.