19891214 TZHC Dar es Salaam3

19891214 TZHC Dar es Salaam3

The child, being born out of wedlock and with no customary formalities completed by the respondent, remains the child of the appellant. The welfare of the child does not justify depriving the mother of custody. The respondent has no legal claim to the child.

Citation
19891214 TZHC Dar es Salaam3
Parties
Appellant: Euphrasia Alphonse; Respondent: Alex Njau
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 1989
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Child Custody, Parental Rights, Welfare of the Child, Children Born Out of Wedlock
Source Language
English
Family Law Child Custody Parental Rights Welfare of the Child Children Born Out of Wedlock

Case Brief

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Parties

Euphrasia Alphonse

Appellant

Alex Njau

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the mother or father is entitled to custody of a child born out of wedlock
  2. 2 Whether the welfare of the child requires custody to be with the respondent's parents

Ratio Decidendi

The child, being born out of wedlock and with no customary formalities completed by the respondent, remains the child of the appellant. The welfare of the child does not justify depriving the mother of custody. The respondent has no legal claim to the child.

Court Disposition

appeal allowed

Orders

  • The child Melania (also called Leah) is to be returned to her mother immediately.
  • Costs awarded to the appellant.