20051025 TZHC Dr es Salaam

20051025 TZHC Dr es Salaam

In the absence of evidence of unfitness, it would be against the child welfare principle to change the custody of the children from their father's custody of eight years. The appellant's new claim for a share in the matrimonial house must be raised in the Primary Court, which issued the original order.

Citation
20051025 TZHC Dr es Salaam
Parties
Appellant: Norbertina Norbert; Respondent: Gustav G. Mmuni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2005
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Child Custody, Maintenance, Division of Matrimonial Property, Contempt of Court
Source Language
English
Family Law Child Custody Maintenance Division of Matrimonial Property Contempt of Court

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Parties

Norbertina Norbert

Appellant

Gustav G. Mmuni

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether custody of the children should be transferred from the respondent to the appellant
  2. 2 Whether the respondent should be ordered to pay increased maintenance
  3. 3 Whether the appellant is entitled to a share of the matrimonial house

Ratio Decidendi

In the absence of evidence of unfitness, it would be against the child welfare principle to change the custody of the children from their father's custody of eight years. The appellant's new claim for a share in the matrimonial house must be raised in the Primary Court, which issued the original order.

Court Disposition

appeal dismissed

Orders

  • Respondent to change ownership of the house to the three children within 30 days and file copies with the Kinondoni District Court and the appellant.
  • Each party to bear own costs.