jidodo jidesheni vs hagaka gembe 1985 tzhc 44 17 september 1985

jidodo jidesheni vs hagaka gembe 1985 tzhc 44 17 september 1985

The presumption of legitimacy was rebutted by clear evidence of Magaka Gembe's impotence and lack of consummation, and the gestation period aligns with Jidondo Jidesheni's marriage to Minza. Unexplained blood group evidence was insufficient to override factual findings.

Source-derived case information.

Citation
jidodo jidesheni vs hagaka gembe 1985 tzhc 44 17 september 1985
Parties
Appellant: Jidondo Jidesheni; Respondent: Magaka Gembe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 1985
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Paternity, Legitimacy of Child, Presumption of Legitimacy, Medical Evidence
Source Language
english
Family Law Paternity Legitimacy of Child Presumption of Legitimacy Medical Evidence

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Parties

Jidondo Jidesheni

Appellant

Magaka Gembe

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Jidondo Jidesheni or Magaka Gembe is the father of Shagembe Jidondo
  2. 2 Whether the presumption of legitimacy applies given alleged impotence and timing of birth

Ratio Decidendi

The presumption of legitimacy was rebutted by clear evidence of Magaka Gembe's impotence and lack of consummation, and the gestation period aligns with Jidondo Jidesheni's marriage to Minza. Unexplained blood group evidence was insufficient to override factual findings.

Court Disposition

appeal allowed

Orders

  • Declaration that Jidondo Jidesheni is the father of Shagembe Jidondo
  • Costs awarded to appellant in this court and courts below