20111108 TZHC Mbeya

The issue of paternity was not resolved by the lower courts; without establishing paternity, the appellant cannot be held liable for the offence charged.

Citation: 20111108 TZHC Mbeya
Parties: Appellant: Robert Wanali; Respondent: Asnati Robert
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 2011
Procedural Posture: Criminal Appeal / Second Appeal (high Court)
Outcome: appeal allowed
Legal Topics: Failure to Send Child to School, Paternity Dispute, Parental Responsibility
Source Language: English

Criminal Law Family Law Failure to Send Child to School Paternity Dispute Parental Responsibility

Case Brief

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Parties

Robert Wanali

Appellant

Asnati Robert

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (high Court)

Legal Issues

1 Whether the appellant is the biological father of the respondent
2 Whether the appellant is liable for failing to send the respondent to school

Ratio Decidendi

The issue of paternity was not resolved by the lower courts; without establishing paternity, the appellant cannot be held liable for the offence charged.

Court Disposition

appeal allowed

Orders

All proceedings of the two lower courts quashed
Convictions and sentence set aside