Nemburusi d/o Philip v. Iddi s/o Rajabu (PC) Civ. App. 84-A-68 19/3/70; Bramble J.

Nemburusi d/o Philip v. Iddi s/o Rajabu (PC) Civ. App. 84-A-68 19/3/70; Bramble J.

The appellant and respondent were engaged and met regularly until the appellant discovered that she was pregnant whereupon the respondent ceased to visit her. The appellant then applied to the primary court for an order of maintenance against the respondent on account of the pregnancy. The trial magistrate held that there was no evidence to prove (a) that the respondent slept with the

Appellant (b) that the respondent was responsible for the pregnancy and that here was ample proof that the appellant was running around with other boys. The District Court upheld the decision.

            Held: (1) “Paragraph 183 of the Law of Persons G.N. 279/63 specifies that – any man whom the woman names as father of her child may not deny paternity unless he can prove that he had no sexual intercourse with her. Since, therefore, the appellant alleged that the respondent was the father of her child the burden was on him to prove that he never had sexual intercourse with her. The defence was a simple denial and the weight of the evidence was against him- the fact that she was his girl-friend; that he used to visit her house and her statements as to the acts of sexual inter course. His allegation that she had slept with another man was not of much weight in that he never put one word of this to her in cross-examination to test the truth of it. In any case, Para 184 of the Law of Persons provides that – Even if the woman had more that one lover at the time of conception, the one whom the woman names may not deny paternity of the child.” (2) “In the face of the respondent’s denial the appellant gave evidence as to the time and place of intercourse and had witnesses as to her relationship with the respondent thereby satisfying the requirements of Para 186 of the Law of Person. There was a heavy and perhaps difficult burden cast on the respondent and a mere denial could not discharge it.” (3) Appeal allowed.