19770507 TZHC Tabora

19770507 TZHC Tabora

The presumption of legitimacy applies as the child was conceived while the respondent was still the legal wife of the appellant, and there was no sufficient evidence to rebut this presumption. The District Magistrate misapplied the law by relying on a provision applicable to unmarried women. The Primary Court's finding of paternity in favor of the appellant is restored.

Citation
19770507 TZHC Tabora
Parties
Appellant: Tabu s/o Ibula; Respondent: Milembe d/o Kulima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 May 1977
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Paternity, Custody of Child, Presumption of Legitimacy, Customary Marriage, Dowry Refund
Source Language
English
Family Law Paternity Custody of Child Presumption of Legitimacy Customary Marriage Dowry Refund

Case Brief

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Parties

Tabu s/o Ibula

Appellant

Milembe d/o Kulima

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant is the legal father of the child born to the respondent in September 1974
  2. 2 Whether the presumption of legitimacy applies to the child born during subsistence of customary marriage
  3. 3 Whether the District Court erred in reversing the Primary Court's finding of paternity

Ratio Decidendi

The presumption of legitimacy applies as the child was conceived while the respondent was still the legal wife of the appellant, and there was no sufficient evidence to rebut this presumption. The District Magistrate misapplied the law by relying on a provision applicable to unmarried women. The Primary Court's finding of paternity in favor of the appellant is restored.

Court Disposition

appeal allowed

Orders

  • Primary Court's decision restored: appellant is declared father of the child
  • Respondent to retain custody until child is old enough to go to school, then custody to appellant