In The Matter of Zenabah Mustapha, Riza Mustapha & Mariama Mustapha (3 of 1936) [1936] SLSC 2 (27 July 1936)


Family law - custody of children - discretion of court - interests and
welfare of children paramount consideration: The court has absolute
discretion in making a custody order; in considering all the circumstances
of the case, it should give paramount consideration to the interests and
welfare of the children. In the case of young girls who have lived exclusively
with their mother for some years, whose earlier happiness was
affected by their father's cruelty, and who have a greater love and
affection for their mother than for their father, their interests and welfare
are best served by giving custody to their mother with access to their
father.

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