19731215 TZHC Mwanza

The child, though not biologically fathered by the respondent, is legally deemed his under Kurya customary law because she was born during the marriage.

Citation: 19731215 TZHC Mwanza
Parties: Appellant: Nchagwa d/o Paul; Respondent: Respondent
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 December 1973
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed in part
Legal Topics: Child Custody, Paternity, Divorce, Maintenance
Source Language: English

Family Law Customary Law Child Custody Paternity Divorce Maintenance

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Parties

Nchagwa d/o Paul

Appellant

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the respondent is the legal father of the child born during the marriage under Kurya customary law
2 Whether the respondent is entitled to custody of the child

Ratio Decidendi

The child, though not biologically fathered by the respondent, is legally deemed his under Kurya customary law because she was born during the marriage.

Court Disposition

appeal dismissed in part

Orders

Judgment of lower courts declaring the child to be the respondent's upheld
Child to remain in appellant's custody until age 7