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Tanzania decisions
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The High Court of Tanzania allowed an application for extension of time to appeal, finding that alleged illegality in a child custody and parentage ruling justified leave.
The Juvenile court was not bound to order a social inquiry report as it is discretionary; the best interest of the child was considered, prioritizing health, continuity, and access to medical care over abrupt changes in custody.
Source excerpt
The High Court allowed a child-custody appeal, set aside the juvenile court’s orders, and ordered a retrial because the social welfare report was improperly relied on.
The trial court erred in failing to properly assess the appellant's financial and domestic contributions to matrimonial property, warranting adjustment of asset division; the trial court also failed to definitively address custody and consider the wishes of the minor child, requiring remittal for proper determination.
Source excerpt
High Court appeal over child custody dismissed after the court held the children's best interests favored the respondent and criticized the appellant's third-party placement of the children.
The High Court dismissed a mother’s application to vary a custody order, finding no material change of circumstances and leaving the child’s custody with the father.
The trial court lacked jurisdiction as the respondent was neither domiciled nor resident in Tanganyika, and the cause of action arose in Italy. The applicant appropriately invoked the revisional jurisdiction. The welfare of the child principle requires custody to remain with the applicant, who has had custody since birth.
Source excerpt
The High Court held that custody of a young illegitimate child should remain with the mother, applying the child’s best interests, customary law, and res judicata.
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