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Onesmus M. Ngowi v. Modesta Nhigula, Misc. Crim. App. 30-D-67, 18/8/67, Saidi, J.



Onesmus M. Ngowi v. Modesta Nhigula, Misc. Crim. App. 30-D-67, 18/8/67, Saidi, J.

Plaintiff claimed that defendant had made her pregnant, and was successful in her Affiliation Cause in District Court.

            Held: (1) The defendant’s responsibility for plaintiff’s pregnancy is established by the plaintiff’s testimony, the love letters written to her by defendant under the pretext that he was her brother, the medical evidence, and the “facial similarity between the (defendant) and the child.” (2) Under clause 189 of the Local Customary Law (Declaration) Order, 1963 [ Government Notice No. 279 of 1963], the defendant is responsible for expenses of pregnancy and childbirth; defendant was ordered to pay Shs. 800/- on this account. (3) Defendant was ordered to pay Shs. 100/- per month for the maintenance of the child until the child reaches the age of 21 years. The order was made retroactive to the month in which the child was born.

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