faima yazid and another vs yazid kibombo 2021 tzhc 5420 16 july 2021
The district court erred in law and procedure by introducing and deciding on the issue of DNA testing for parentage, which was not raised at trial and for which it lacked jurisdiction under the Law of the Child Act, 2009. The district court's orders were null and void.
- Citation
- faima yazid and another vs yazid kibombo 2021 tzhc 5420 16 july 2021
- Parties
- 1st Appellant: Faima Yazid; 2nd Appellant: Jimmy Lawrence; Respondent: Yazid Kibombo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 July 2021
- Procedural Posture
- Civil Appeal / Second Appeal From District Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Adultery, Parentage, Jurisdiction, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Faima Yazid
1st Appellant
Jimmy Lawrence
2nd Appellant
Yazid Kibombo
Respondent
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision
Legal Issues
- 1 Whether the district court erred by introducing and deciding on the issue of DNA testing for parentage, which was not raised at trial
- 2 Whether the district court had jurisdiction to order a DNA test under the Law of the Child Act, 2009
Ratio Decidendi
The district court erred in law and procedure by introducing and deciding on the issue of DNA testing for parentage, which was not raised at trial and for which it lacked jurisdiction under the Law of the Child Act, 2009. The district court's orders were null and void.
Court Disposition
Appeal allowed
Orders
- Judgment and orders of the district court quashed and set aside
- No order as to costs
Full Case Text
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