Salum s/o Rashidi v. Hadija d/o Abdallah, (P.C) Civ. App. 61-D-66; 2/5/67; Saidi, J.

Salum s/o Rashidi v. Hadija d/o Abdallah, (P.C) Civ. App. 61-D-66; 2/5/67; Saidi, J.

Plaintiff’s wife died shortly after the birth of their son. The child remained with the wife’s sister until the age of five years, when plaintiff brought this action for his custody. The Primary Court ruled that plaintiff could have the child when he had reached the age of seven years. Plaintiff applied for a copy of the judgment and the proceedings, but did not receive them, and for this reason was unable to file his appeal until the time (30 days) had expired.

            Held: (1) “Until (plaintiff) had received such a copy the period of thirty days’ limitation could not be said to have started to run against him. Normally the time requisite for obtaining a copy of a judgment or an order appealed against should be excluded in computing the period of thirty days …”

            The Court stated, obiter: “It would also appear that it is unfair for a court to grant custody of a child to any person other than a parent who is keen and able to maintain such child unless such parent is disqualified by unsuitable character, such as loose morals or chronic drunkenness.