Kimolo v. Wilfrida (PC) Civ. App. 59-Dodoma-1971; 2/5/72. Kwikima Ag. J.

 

Kimolo v. Wilfrida (PC) Civ. App. 59-Dodoma-1971; 2/5/72. Kwikima Ag. J.

The appellant was one of the respondent’s school teachers. The latter contended that he seduced her and made her pregnant; he however, denied the allegation. The prima and district courts gave judgment in the respondent’s favour, and the appellant appealed against this decision.

            Held:(1) “In his judgment the learned appeal magistrate very rightly referred to ss. 183 and 186 of the Customary Law Declaration, the provisions of which have been amply brought out in Julius v. Denis (1971 H.C.D. 264) …. The learned judge went on to stress that no corroboration of the woman’s allegation was required. He relied on Nyangunda v. Kihwile (1967) E. A. 212 for his opinion. I am entirely in agreement with my learned brother. I do not accept the appellant’s allegation that the respondent did not prove that he was the father of her child. On the contrary, having been named, it was for the appellant to adduce evidence that he was not and could not have been the author of her pregnancy.” (2)Appeal dismissed.