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Matinde d/o Rukonge v. Mwit Nyantumutwa, (PC) Civ. App 169-D-66, 7/2/67, Seaton J.
Plaintiff was the former wife of defendant under a customary law marriage. Four children were born while they were married. At the time of divorce custody of all four children was given to defendant. Plaintiff now seeks to recover custody over two of the children.
Held: Rule 175 of the Law of Persons, which is the law applicable by virtue of Government Notice No. 604 of 1963, clearly provides that all children born in wedlock during a customary marriage belong to the father.
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