19730411 TZHC Mwanza

19730411 TZHC Mwanza

The suit for adultery was time-barred as no sufficient cause was disclosed for delay; the claim for custody of children was also time-barred and should have been brought within three years. The respondent was not entitled to custody as the children had lived with the appellant for sixteen years and there was no evidence of paternity.

Citation
19730411 TZHC Mwanza
Parties
Appellant: Limoji s/o Iima; Respondent: Ngila Itashila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 April 1973
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed in part
Legal Topics
Adultery, Custody of Children, Limitation of Proceedings
Source Language
English
Family Law Customary Law Adultery Custody of Children Limitation of Proceedings

Case Brief

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Parties

Limoji s/o Iima

Appellant

Ngila Itashila

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the suit for adultery and custody of children was time-barred under the Magistrates' Courts (Limitation of Proceedings under Customary Law) Rules, 1964
  2. 2 Whether sufficient cause was disclosed for permitting the adultery suit out of time
  3. 3 Whether the respondent was entitled to custody of the children

Ratio Decidendi

The suit for adultery was time-barred as no sufficient cause was disclosed for delay; the claim for custody of children was also time-barred and should have been brought within three years. The respondent was not entitled to custody as the children had lived with the appellant for sixteen years and there was no evidence of paternity.

Court Disposition

appeal allowed in part

Orders

  • Order for custody of children in favour of respondent set aside
  • Children to remain in custody of appellant