NACKY ESTHER NYANGE VS. MIHAYO MARIJANI WILMORE CIVIL APPEAL NO. 169 OF 2019.

Abstract

(i) Section 125(2) (a), (b) of the Law of Marriage Act (Cap.29 R.E 2019) articulates that in deciding in whose custody an infant should be placed the paramount consideration should be the welfare of the infant. (ii) Section 37(4) of the Law of Child Act (Cap.13 R.E 2019) requires Courts when granting custody to primarily consider the best interests of the child. (iii) When considering the contribution of the parties to the acquisition of the property within the matrimony, in civil cases, the burden of proof lies on the one who alleges. (iv) Courts when ordering a wife to pay costs to a husband in matrimonial proceedings, must assign reasons expounding on sufficiency in her means.