Anatory v. Kafuzi (PC) Civ. App. 46-M-70; 12/5/71; El-Kindy Ag. J.

 

Anatory v. Kafuzi (PC) Civ. App. 46-M-70; 12/5/71; El-Kindy Ag. J.

            This is a dispute over the custody of two children who were born to the parties out of wedlock. The respondent claimed that the children were his because he had been recognised as the putative father because the appellant had permitted the handing over of he child to the father after the child had weaned according to Haya custom. The appellant’s father had also accepted Shs. 500/- from the respondent as legitimation fees. The appellant herself had admitted in two letters written to the respondent that the respondent was the father of the children. She now denied it.

                        Held: (1) “The evidence led in the primary court left no probable doubt that she (appellant) went through the ceremonies of handing over the children to the respondent.

            If she had not acknowledged him, she would not have gone through such ceremonies. Such ceremonies are performed when a child after weaning, is sent to its father. Secondly in her two letters she acknowledged that the children were by the respondent. The acceptance by her father ………. Of the sum of Shs. 500/- is an acknowledgment of his claim.” (2) It was in the children’s interest to stay with their father who provided them with a secure home instead of the mother who kept on moving from one place to another according tot eh dictations of her business whatever that business was.