19930618 TZHC Dar es Salaam

19930618 TZHC Dar es Salaam

The District Court correctly applied the presumption in favour of the mother for a child of tender years under section 125(3) of the Law of Marriage Act, 1971, and found no evidence to rebut this presumption. Financial resources alone do not override this presumption. The appeal fails and custody remains with the...

Source-derived case information.

Citation
19930618 TZHC Dar es Salaam
Parties
Appellant: S.J.L.; Respondent: Unnamed Respondent (Mother)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 1993
Procedural Posture
Custody Appeal / Appellate
Outcome
appeal dismissed
Legal Topics
Child Custody, Maintenance, Presumption in Favour of Mother, Customary Law
Source Language
english
Family Law Child Custody Maintenance Presumption in Favour of Mother Customary Law

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Summary, issues, holding and outcome

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Parties

S.J.L.

Appellant

Unnamed Respondent (Mother)

Respondent

Procedural Posture

Custody Appeal / Appellate

Legal Issues

  1. 1 Whether custody of the child should be with the mother or father after divorce
  2. 2 Whether financial resources or customary law should determine custody
  3. 3 Whether the presumption in favour of the mother under section 125(3) of the Law of Marriage Act, 1971 applies

Ratio Decidendi

The District Court correctly applied the presumption in favour of the mother for a child of tender years under section 125(3) of the Law of Marriage Act, 1971, and found no evidence to rebut this presumption. Financial resources alone do not override this presumption. The appeal fails and custody remains with the mother.

Court Disposition

appeal dismissed

Orders

  • Custody of the child remains with the mother.
  • Trial court to assess the amount of maintenance the appellant should provide for the child.