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Judgment No. SC 37/18
Civil Appeal No. SC 433/16
[38]
It follows from the aforegoing that the best interests of a child should always be
paramount in the making of any determination that affects them in their well-being. A court is
therefore under obligation to apply its mind directly to what is in the best interests of a child in
any given case.
[39] The suggestion that, as at 2016, the sum of $200 per month was sufficient to meet the
growing needs of two teenage girls, one born in 2000 and the other in 2001, flies in the face of
logic. I say this because the respondent, in his opposing papers, appropriated the sum of $350
from his income just for his food, and a further $200 towards electricity, $150 for
entertainment, $340 for the gardener and maid. The complaint by the appellant before the court
a quo was that the amounts paid by the respondent are not just for food, but also for electricity
and the general upkeep of her and two growing girls.
[40]
In my view, whilst the question whether the respondent should maintain the appellant
beyond the period the children attain the age of eighteen is a moot one, there can be little doubt
that, as at the date of the hearing of the application, there was urgent need for the sum of $100
awarded to the appellant in respect of each child to be varied upwards. The only question
before the court, after hearing evidence, should have been the means of the respondent and, as
a corollary, the amount of maintenance to be paid by him. It was, therefore, a clear misdirection
on the part of the court a quo not to hear evidence in this regard or at the very least refer the
matter to trial.
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