Henock s/o Mtoi v. Frida d/o Yafeti, (PC) Civ. App. 155-D-67, 1/4/68, Biron J.

Henock s/o Mtoi v. Frida d/o Yafeti, (PC) Civ. App. 155-D-67, 1/4/68, Biron J.

Plaintiff sought Shs. 100/- as maintenance for her child, which she alleges that defendant sired. Defendant admitted that he lived with plaintiff for 10 years and was the father of four previous children born to plaintiff. He claimed that he had not had sexual intercourse with plaintiff since July, 1965. The child was born in September, 1966. The primary court, while tending to believe that defendant was the father of the child, decided against plaintiff because there was no independent evidence of inter course between the parties after July, 1965.

            Held: The primary court misdirected itself as to the burden of proof. “If a woman is living with a man in concubinage, he is held responsible for her pregnancy. If  the man wants to deny paternity, it is up to him to prove his claim. [G.N. No. 279/63, s. 188. Also citing s. 183]. Judgment for plaintiff, relief as prayed.