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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21ocr TANZLII KAZI J

Court

TANZLII

The trial court erred in declaring itself functus officio solely because the application emanated from previous variation orders, as Rule 79(1) does not impose such limitation. The trial court also erred in barring further applications without special leave at the preliminary objection stage, without determining if the application was unreasonable on merit.

Source excerpt

• Custody
• Variation of custody orders
• Functus officio
• Preliminary objection
• Best interest of the child

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rakesh bali vs nazmina kate ismail bali 2010 tzhc 434 15 december 2010

Court

TZHC

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.

• Variation of custody orders
• Best interests of the child
• Material change of circumstances
• Child-custody
• Variation-of-custody-orders
• Best-interests-of-the-child

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19880705 TZHC Dar es Salaam

Court

TZHC

The High Court held that a District Court sitting as an appellate court lacked jurisdiction to vary its own custody order; the application belonged in the trial court.

• Child custody
• Variation of custody orders
• Jurisdiction
• Procedure
• Child-custody
• Variation-of-orders

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