[1928] EACA 24

[1928] EACA 24

The Court held that the respondent's disavowal of paternity was made at the earliest possible moment after he became aware of the child's existence and in accordance with the requirements of Islamic law applicable to children of concubines. There was no evidence of silence or delay after the respondent was confronted with the boy that could constitute acknowledgment of paternity. The absence of the mother at the time of the oath and her failure to deny the period of waiting did not amount to a material irregularity. The disavowal, having been regularly made and properly recorded, was final and constituted a complete bar to the appellant's claim for declaration of paternity. The appeal was...

Citation
[1928] EACA 24
Parties
Appellant: Yusuf bin Sayid Salim; Respondent: Bin Abdulrehman Sayid Salim
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1928
Case Number
C.A. 2/1928.
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Judges
Barth, C.J (Kenya), Muir Mackenzie, J. (Tanganyika), Pickering J
Legal Topics
Declaration of Paternity, Disavowal of Paternity, Status of Children of Concubines, Acknowledgment of Paternity, Burden of Proof in Paternity, Application of Islamic Law
Source Language
English
Family and Children Declaration of Paternity Disavowal of Paternity Status of Children of Concubines Acknowledgment of Paternity Burden of Proof in Paternity Application of Islamic Law

Case Brief

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Parties

Yusuf bin Sayid Salim

Appellant

Bin Abdulrehman Sayid Salim

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent's disavowal of paternity was made in accordance with the requirements of Islamic law applicable to children of concubines.
  2. 2 Whether delay or silence after being confronted with the child could constitute acknowledgment of paternity.
  3. 3 Whether the absence of the mother at the time of the oath or her failure to deny the period of waiting invalidated the disavowal.

Ratio Decidendi

The Court held that the respondent's disavowal of paternity was made at the earliest possible moment after he became aware of the child's existence and in accordance with the requirements of Islamic law applicable to children of concubines. There was no evidence of silence or delay after the respondent was confronted with the boy that could constitute acknowledgment of paternity. The absence of the mother at the time of the oath and her failure to deny the period of waiting did not amount to a material irregularity. The disavowal, having been regularly made and properly recorded, was final and constituted a complete bar to the appellant's claim for declaration of paternity. The appeal was...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.
  • The judgment of the Supreme Court is affirmed and the claim for declaration of paternity is barred.