19730327 TZHC Arusha

19730327 TZHC Arusha

Proceedings held before the birth of the child under the Affiliation Ordinance are a nullity; maintenance payments during pregnancy are not warranted unless specifically proved; maintenance must be assessed based on the means of the parties.

Citation
19730327 TZHC Arusha
Parties
Appellant: Festo s/o Wilson; Respondent: Katiba d/o Abudala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 1973
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; proceedings declared a nullity
Legal Topics
Affiliation Proceedings, Maintenance of Illegitimate Child, Customary Law
Source Language
English
Family Law Criminal Law Affiliation Proceedings Maintenance of Illegitimate Child Customary Law

Case Brief

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Parties

Festo s/o Wilson

Appellant

Katiba d/o Abudala

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether proceedings under the Affiliation Ordinance can be heard before the birth of the child
  2. 2 Whether maintenance payments during pregnancy are warranted under the Affiliation Ordinance
  3. 3 Assessment of maintenance based on means of parties

Ratio Decidendi

Proceedings held before the birth of the child under the Affiliation Ordinance are a nullity; maintenance payments during pregnancy are not warranted unless specifically proved; maintenance must be assessed based on the means of the parties.

Court Disposition

appeal allowed; proceedings declared a nullity