Abdallah Salimu v. Ramadhani Shemdoe, (PC) Civ. App. 55-D-67, 15/2/68, Georges C. J.

Abdallah Salimu v. Ramadhani Shemdoe, (PC) Civ. App. 55-D-67, 15/2/68, Georges C. J.

An earlier High Court judgment in this custody case awarded respondent “all the expenses incurred in the upbringing and maintenance” of a certain child, who was at the time aged 17 years, including the costs of her education for 4 years. The judgment directed the Primary Court, which had originally assessed these expenses at Shs. 3000/-, to take evidence from the parties and from village elder as to “the average cost of maintaining a child for a year at the village where the parties lived.” Arguing upon the very conflicting evidence thus gathered, respondent put the figure at shs.600/- per year, making a total (including education costs) of Shs. 10, 800/-. Appellant continued to argue for a total of shs. 300/- as a maximum. He submitted that even this amount, which had already been paid, would be an overpayment, since Sambaa customary Law permits only the award of “mtonge” ---- one cow --- in such cases, The these village elders who testified strongly supported his view, also agreeing that the value of one cow would be about Shs. 150/- Appellant was also supported by respondent’s wife, the mother of the child, who stated that respondent had “not fairly treated” the child.

            Held: (1) “This court does not seek to interfere with the customs of any particular tribe in Tanzania. What the court seeks to do is to ensure that any customary practice does not operate unfairly against any party. ‘Mtonge’ might have been a very good custom within the tribe when it came into operation, but I think that must have been a very long time ago, when a cow would have a very high value …… It is abundantly clear that no parent could bring up a child to the age of seventeen, and also make provision for the child’s education, on the sum of as they are, rather than take shelter under an old customary practice.” (2) The High Court is obliged to proceed in this case, without the vital assistance from the locality where the dispute arose which it requested in its earlier order. (3) Considering the relatively low costs of village life, and attempting to account for inevitable variations from one year to another, “the fairest, if not he lowest, estimate” of the sum due would be, in this case, Shs. 100/- per month, for a total (including education costs) of Shs. 1,940/- This sum must be refunded to respondent before appellant may take custody of the child.