Automated Summary
Key Facts
Gabriel Simba appealed a Tshs 250,000 monthly maintenance order for children, which was reduced to Tshs 200,000 after determining two children are employed and not dependents. The adjustment, effective from 2018-09-26, includes a six-month review period.
Issues
The primary issue was the reasonableness of the Tshs 250,000 monthly maintenance award, considering that two of the three children are employed and the appellant's assertions about his lower earning capacity. The court also addressed whether the trial court adequately assessed the parents' ability to provide maintenance under the Law of the Child.
Holdings
- The court partly allowed the appeal and reduced the monthly maintenance from Tshs 250,000 to Tshs 200,000, effective from 26/9/2018. The maintenance amount is to be reviewed every six months. This decision accounts for the respondent's limited income and the children's independence, while ensuring the last-born child's needs are met.
- The court dismissed the appellant's new custody proposal as it was not raised during the trial, citing the principle that appellate courts cannot consider unpleaded matters. This aligns with legal precedents such as Richard Majenga v. Specioza Sylvester and Hotel Travertine Limited v. National Bank of Commerce.
Remedies
- The appeal was partly allowed, with no order regarding costs.
- The court substituted the monthly maintenance from Tshs 250,000 to Tshs 200,000, effective from 26/9/2018, and ordered a review every six months.
Monetary Damages
200000.00
Legal Principles
As stated in the case of Richard Majenga v. Specioza Sylvester, an appellate court cannot consider matters not taken or pleaded in the court below to be raised on appeal
Precedent Name
- Richard Majenga v. Specioza Sylvester
- James Gwagilo v. The Attorney
- Hotel Travertine Limited & 2 Others v. National Bank of Commerce
Cited Statute
Law of the Child (Juvenile Court Procedure)
Judge Name
M. G. Mzuna
Passage Text
- I find and hold that the amount of Tshs 200,000/- per month is fair and reasonable under the circumstance. The awarded Tshs 250,000/- per month is hereby set aside and substituted thereof one of Tshs 200,000/- per month. It should be reviewed every after (6) six months. It should be effective from 26/9/2018 when the order was first made by the first trial court.
- "As a matter of general principle an appellate court cannot consider matters not taken or pleaded in the court below to be raised on appeal"
- One thing which is apparent is that there was no social enquiry report from the Social Welfare Officer as well stated under section 85 (1) (a) read together with section 84 (1) and (2) of the Law of the Child (Juvenile court procedure) GN No. 182 of 20/5/2016 so as to 'assess the ability of the parents to provide for the maintenance and care of the child'. This no doubt would have mitigated the extent of the burden which the appellant has in maintaining another house hold where he stays.