Hulda John v. Stanley Mnzava, Civ. App. 2-D-68, 29/4/68, Hamlyn J.

Hulda John v. Stanley Mnzava, Civ. App. 2-D-68, 29/4/68, Hamlyn J.

This is an appeal from judgment for defendant in an affiliation proceeding under the Affiliation Ordinance, Cap. 278 as amended by the Affiliation Ordinance (Amendment) Act, 1964. Plaintiff lived out of wedlock with the male defendant between 1956 and 1964, having two children by him. During 1966 defendant took up word in Magamba, leaving plaintiff and the two children in Dar es Salaam. Plaintiff gave birth to twins in March, 1967, and claims defendant is the father. Defendant admitted to having met plaintiff in 1966, but stated that no sexual intercourse took place  between them and therefore he denies paternity. The only evidence on the record is that of the two parties; however, plaintiff contends that she had further evidence to support her allegations but that the trial magistrate denied her the right to bring her witnesses.

            Held: (1) Under s. 5 of the Affiliation Ordinance, plaintiff was required to present evidence other than her own to corroborate her claim, and since she failed to do so, her claim could not succeed. (2) Since the plaintiff had no assistance from counsel in bringing her action, an action which would have been far more likely to succeed if brought in the primary court (see The Law of Persons, Government Notice 279/63, para. 183, which is applicable in primary court and puts the burden of proof on the defendant of her corroborative evidence, the Court ordered the case hear de novo      in the district court before a different magistrate. The former proceedings were quashed.