Abdallah Salimu V. Ramadhani Shemdoe, (PC) Civ. App. 55-D-67 -/9/67, Saudi J.

Abdallah Salimu V. Ramadhani Shemdoe, (PC) Civ. App. 55-D-67 -/9/67, Saudi J.

This dispute concerns the custody of a female child as between two men, both of whom claim to be the father. The child is now seventeen years of age and has lived all her life with the respondent. Appellant divorced the child’s mother eight months before the child was born; respondent married the mother some thirteen months before the birth.

            Held: (1) The child looks exactly like appellant, and her blood is of the same group as his, whereas it is of a different group from that of respondent. This sustains his claim to be her father. (2) Since respondent has always maintained the girl, appellant must pay him for the costs he has incurred in raising the child. The award of the Primary Court of Shs. 300/- was manifestly inadequate, and the case was remitted to that court for it to “take evidence of the average cost of maintaining a child for a year at the village where respondent lives. If there is a dispute over the amount of such maintenance costs between the parties evidence may be taken from independent and reliable village elders. Such evidence should be certified and sent to this Court to enable it to assess the proper sum to be refunded by the appellant as maintenance ….. before he can be allowed to take her.’ Custody awarded to appellant.