Tanzania Case Law

13 0cr tanzlii KUZILWA

Court

TANZLII

The trial court erred in varying custody without sufficient evidence of changed circumstances or proof of respondent's capacity to maintain the child. The best interest of the child, particularly the age under 7 years, mandates custody with the mother absent special circumstances. Social Inquiry Report was not mandatory for variation at the time. Framing issues after submissions did not deny the right to be heard as parties addressed all relevant matters.

Source excerpt

• Child custody
• Variation of custody orders
• Best interest of the child
• Right to be heard

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CIVIL APPEAL NO

Court

TANZLII

The trial court correctly prioritized the best interest of the child by granting supervised access to the respondent, as there was no evidence of harm or psychological risk to the child. The social inquiry report was properly relied upon, and the respondent's absence was explained by legal circumstances rather than intentional neglect. The appeal lacked merit and was dismissed.

Source excerpt

• Child custody
• Child access
• Best interest of the child
• Social inquiry report

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in the matter of an application for an adoption order by sarah semu silas 2023 tzhc 23383 18 december 2023

Court

TZHC

The High Court granted Sarah Semu Silas’s adoption application after finding the child’s best interests were served and statutory requirements were met.

• Adoption
• Best interest of the child
• Child welfare
• Best-interest-of-the-child
• Child-welfare
• Family-law

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in the matter of an application for an adoption order by happiness marcel lyamuya 2023 tzhc 23178 7 december 2023

Court

TZHC

The petitioner complied with all statutory requirements for adoption, has cared for the child for over two years, and the adoption is in the best interest of the child.

Source excerpt

• Adoption
• Best interest of the child

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marry burule mwita versus lukas keya 2023 tzhc 23057 24 november 2023

Court

TZHC

High Court appeal over child maintenance dismissed after the court upheld Tsh 90,000 monthly maintenance and found the higher claim was not pleaded.

• Child maintenance
• Pleadings
• Social welfare report
• Best interest of the child
• Child-maintenance
• Family-law

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shabbir gulamabbas nathan vs sajjad ibrahim dharamsi another 2023 tzca 17889 23 november 2023

Court

TZCA

Court of Appeal granted an extension of time to file a notice of appeal in a child custody dispute, finding the alleged illegality arguable enough to justify extension.

• Child custody
• Extension of time
• Best interest of the child
• Illegality as ground for extension
• Child-custody
• Extension-of-time

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Judgement Mabula Dindai

Court

TANZLII

The appellant failed to prove he is more suitable than the 2nd respondent for custody. The children have consistently lived with the 2nd respondent, expressed their wish to remain with her, and continuity in care is in their best interest. No evidence was provided of the appellant's superior capability or of any specific weakness in the 2nd respondent's guardianship. The appeal is dismissed as the lower courts properly considered the best interests of the children.

Source excerpt

• Child custody
• Best interest of the child
• Administration of estate

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in the matter of an application for an adoption order by idda leoni mrema 2023 tzhc 21005 18 september 2023

Court

TZHC

The High Court granted an adoption order to Idda Leoni Mrema after finding she met statutory requirements and that adoption was in the child’s best interests.

• Adoption
• Best interest of the child
• Child welfare
• Child-welfare
• Best-interest-of-the-child
• Family-law

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anna nyamarasa masiko vs george wayda nangay 2023 tzhc 20271 17 august 2023

Court

TZHC

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

• Child custody
• Best interest of the child
• Social inquiry report

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in the matter of application for adoption order by mj and rjm dar es salaam 2023 tzhc 20693 31 july 2023

Court

TZHC

The High Court of Tanzania granted MJ and RJM’s adoption application, finding the statutory requirements met and the adoption in the child’s best interests.

• Adoption
• Child welfare
• Best interest of the child
• Child-welfare
• Best-interests-of-the-child
• Family-law

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