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Makafu Nyamrunda v. Muga Okanda, (PC) Civ. App. 151-M-66, 22/12/67, Mustafa J.
Makafu is the former husband of Muga. During their marriage two children were born. Muga subsequently remarried and until now kept the children. Makafu brought this action to obtain custody of the children. The district court, noting that Makafu was poor and had no wife whereas Muga’s new husband was “a man of means”, awarded custody to Muga because “the first thing to be considered is the welfare of children” and they would be better off with Muga and her present husband.
Held: (1) The law of Persons, Government Notice No. 279/1963, sec. 175, provides that children born in wedlock belong to the father. The two children here were born in wedlock, and consequently Makafu has an absolute right to custody of children the paramount consideration is the welfare of the children.”
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