george a chimbo vs jackline herman 2020 tzhc 4311 18 december 2020
The District Court lacked jurisdiction to entertain both the original affiliation cause and the subsequent application for custody and maintenance, as such matters are now exclusively within the jurisdiction of the Juvenile Court under the Law of the Child Act.
- Citation
- george a chimbo vs jackline herman 2020 tzhc 4311 18 december 2020
- Parties
- Appellant: George A Chimbo; Respondent: Jackline Herman
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 December 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- judgment quashed
- Legal Topics
- Custody, Maintenance, Jurisdiction, Repeal of Affiliation Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
George A Chimbo
Appellant
Jackline Herman
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the District Court had jurisdiction to determine child custody and maintenance applications after the repeal of the Affiliation Act
- 2 Whether the original and impugned applications were validly entertained by the District Court
Ratio Decidendi
The District Court lacked jurisdiction to entertain both the original affiliation cause and the subsequent application for custody and maintenance, as such matters are now exclusively within the jurisdiction of the Juvenile Court under the Law of the Child Act.
Court Disposition
judgment quashed
Orders
- Judgment in Affiliation Cause No. 2 of 2013 quashed
- Judgment in Misc. Civil Application No. 223 of 2018 quashed
Full Case Text
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