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The court upheld the findings of the lower courts that the respondent is the father of the child and that dowry was paid in accordance with customary law, justifying the respondent's claim to custody.

Citation
N
Parties
Appellant: Tusibwene Kasimba; Respondent: Afundile Kafuko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2004
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Paternity, Child Custody, Customary Law, Dowry
Source Language
English
Family Law Paternity Child Custody Customary Law Dowry

Case Brief

Summary, issues, holding and outcome

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Parties

Tusibwene Kasimba

Appellant

Afundile Kafuko

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Afundile Kafuko is the father of the child Elizabeth
  2. 2 Whether dowry was paid in accordance with customary law
  3. 3 Whether the custody of the child should be with the respondent

Ratio Decidendi

The court upheld the findings of the lower courts that the respondent is the father of the child and that dowry was paid in accordance with customary law, justifying the respondent's claim to custody.

Court Disposition

appeal dismissed

Orders

  • Decision of the District Court and Primary Court upheld