Margaret Andrew v. Bakari Mbagha, Civ. App. 14-A-68, 20/11/68, Platt J.

Margaret Andrew v. Bakari Mbagha, Civ. App. 14-A-68, 20/11/68, Platt J.

The appellant took affiliation proceedings in the District Court applying for maintenance for an illegitimate child, whose father was the respondent. The learned magistrate ordered the respondent to pay Shs. 100/- monthly, but he further ordered that the child remain in the custody of the father, this being in the best interests of the child. It was against this order for custody that the mother appealed.

Held: (1) Under paragraph 178 of the Declaration of Customary Rules, (Govt. Notice 279 of 1963), the illegitimate child belongs to the mother’s family, and it may be that under customary law the child would remain with the mother. However, s. 8 of the Affiliation Ordinance Cap. 278, overrides the mother’s right to custody if it is in the interest of the child.

            (2) Taking into consideration the fact that the appellant has three other illegitimate children by other men, and her present income, it is in the interests of the child that he be with the father. Appeal dismissed.