Shija Maziku v. Mpemba Nzunya, (PC) Civ. App. 33-D-68, 17/10/68, Duff J.

Shija Maziku v. Mpemba Nzunya, (PC) Civ. App. 33-D-68, 17/10/68, Duff J.

            The respondent and the appellant were married but later divorced. Before the dissolution of the marriage, the appellant had been living with other men by whom she had two sons. The respondent claimed custody of the two boys, and succeeded in both the Primary Court and District Court, where it was held that children born in wedlock belonged to the husband despite the fact that they were conceived in consequence of an adulterous association.

            Held: (1) “In her present appeal the appellant stresses that she fails to understand why the respondent wishes to take the children when they are not his, but unfortunately this is not a consideration which carries any weight. In both the lower courts reference was made to Government General Notice No. 279/63, which provides that children born in wedlock belong to the legal husband. This provision appears to cover this unfortunate situation, and apparently the mother’s claim cannot be supported”.

                        (2) (Obiter) It would appear that the mother has maintained the two children without any support from the respondent. “No doubt the appellant has a claim for maintenance in respect of these children, but this is a matter which may be considered elsewhere …..”