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Bi Ruth Pemba v. Daudi Mfalingundi (PC) Civ. App. 212-D-69; 12/2/70; Hamlyn J.



Bi Ruth Pemba v. Daudi Mfalingundi (PC) Civ. App. 212-D-69; 12/2/70; Hamlyn J.

The appellant lived with the respondent for about 11/2 years giving birth to a child in the ordinary course of nature. She claimed that she was some months pregnant when she went to live with the respondent and that the father of the child was another man, one Abdi Sasy.

            Held: (1) there was no doubt from the evidence that the respondent was the real father and that “the appellant has adopted this subter fuge in order that she may remain in custody of it.” (2) “The ultimate consideration before the Court is, of course, the real welfare of the child. The appellant is living in a semi-military camp in the Dodoma District, while the respondent is in permanent employ in Dar es Salaam. From what I can gather from the record, the latter is in a reasonable financial position, whereas the appellant has only Shs. 213/- a month to support herself and the child. It is clear, I think, that the appellant could do little for the child on such a salary, and moreover the respondent has been found to be the real father. In such circumstances, it will evidently be the greatest benefit to this child if it can live with the father and be brought up in a place where financial considerations will have the effect of giving it proper food and environment and a chance of an education later. It would seem that a military camp could hardly supply these essentials to a child of this age.” (3) The respondent granted the custody of child.

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