20110624 TZHC Dar es Salaam

20110624 TZHC Dar es Salaam

The appeal is dismissed as the action was not time barred due to evidence of maintenance payments within twelve months after birth; contradictions in dates are resolved by the totality of evidence; constructive refusal to undergo DNA testing supports paternity finding; maintenance order reflects economic realities...

Source-derived case information.

Citation
20110624 TZHC Dar es Salaam
Parties
Appellant: Omari Mahita; Respondent: Rehema Shabani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Affiliation, Maintenance, Putative Father, Statutory Interpretation, Limitation of Actions
Source Language
english
Family Law Affiliation Maintenance Putative Father Statutory Interpretation Limitation of Actions

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Parties

Omari Mahita

Appellant

Rehema Shabani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the affiliation cause was time barred under section 3 of the Affiliation Act
  2. 2 Whether the Appellant is the putative father of the child
  3. 3 Appropriate quantum of maintenance under the Affiliation Act

Ratio Decidendi

The appeal is dismissed as the action was not time barred due to evidence of maintenance payments within twelve months after birth; contradictions in dates are resolved by the totality of evidence; constructive refusal to undergo DNA testing supports paternity finding; maintenance order reflects economic realities and Appellant's capacity; compensation order is justified based on evidence.

Court Disposition

appeal dismissed

Orders

  • Appellant declared putative father of Juma Omari Mahita
  • Appellant to pay Respondent Tshs 100,000 per month for maintenance