19751022 TZHC Mwanza

19751022 TZHC Mwanza

The presumption of paternity applies since the child's mother named the respondent as the father and the respondent failed to disprove paternity; the evidence overwhelmingly supports the respondent's paternity.

Citation
19751022 TZHC Mwanza
Parties
Appellant: Thomas Paru; Respondent: Manyanda Lukunja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 1975
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Paternity, Presumption of Paternity, Evidence in Paternity Cases
Source Language
English
Family Law Paternity Presumption of Paternity Evidence in Paternity Cases

Case Brief

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Parties

Thomas Paru

Appellant

Manyanda Lukunja

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the respondent is the presumed father of the child as declared by the council of elders and supported by the mother's statement
  2. 2 Whether the appellant is entitled to a declaration that the child does not belong to the respondent

Ratio Decidendi

The presumption of paternity applies since the child's mother named the respondent as the father and the respondent failed to disprove paternity; the evidence overwhelmingly supports the respondent's paternity.

Court Disposition

appeal dismissed