Ramadhani s/o Saidi v. Gati d/o Magori, (PC) Civ. App. 68-M-67, 15/7/68, Seaton J.

Ramadhani s/o Saidi v. Gati d/o Magori, (PC) Civ. App. 68-M-67, 15/7/68, Seaton J.

Plaintiff and defendant were living together while plaintiff was married to another man. Sometime thereafter, plaintiff left the defendant to attend a funeral, leaving him with their child, and never returned; she is presently re-united with her husband. The Primary Court held that defendant was entitled to the custody of the child upon payment of Shs. 100/- to plaintiff’s father, but the District Court of Musoma reversed.

            Held: The Primary Court judgment was sound and is therefore restored. [Citing Law of Person, G. N. 279/1963,s. 178; Salum s/o Rashid v. Hadija d/o Abdallah, Tanzania High Court Digest, Vol. 1, No. 5]. “Where the natural father is prepared to legitimize his child and there are no reasons adduced why he should not have custody of her, he should be allowed to do so.”