Singida. A man’s bid to claim Sh40 million in compensation from his ex-wife for allegedly concealing a pregnancy by another man before their 1997 wedding has failed after the High Court dismissed his appeal.
Mr Omary Mgana sought Sh10 million for pregnancy and delivery expenses, alongside Sh30 million spent raising and educating the child over 24 years.
He also requested an order to remove his surname from the child's official documents, claiming he only discovered he was not the biological father in 2021.
However, the High Court’s Singida Sub-Registry upheld a decision by the Singida District Court rejecting his claims.
In a judgment delivered on Friday, August 14, 2026, and published on the Judiciary website on August 17, 2026, Judge Ayoub Mwenda ruled that Mr Mgana failed to prove the pregnancy was hidden from him.
Judge Mwenda noted that claims for financial reimbursement would only hold merit had Ms Hadija Willa concealed her status before their union, whereas evidence demonstrated Mr Mgana was fully aware of the pregnancy.
"As correctly observed by the lower court, the respondent could only be held liable for concealing a pregnancy if she had been asked about her state on the wedding day and lied, which was not the case," stated Judge Mwenda.
Court records revealed that during the marriage solemnisation, Ms Willa was only asked if she agreed to marry Mr Mgana.
"There is no law compelling a woman to voluntarily declare a pregnancy during marriage preparations unless explicitly asked," added the judge, noting that Ms Willa had openly disclosed her pregnancy during courtship.
In her defence, Ms Willa testified that when Mr Mgana courted her, she informed him that another man had impregnated her.
She stated that Mr Mgana insisted on marrying her regardless, maintaining that no child born in wedlock is considered illegitimate.
At the time of their wedding in 1997, Ms Willa was four to five months pregnant and subsequently gave birth on October 10, 1997.
Although the child was initially named Mohamed Joseph, Ms Willa testified that Mr Mgana insisted on changing the name to Juma Omary Mgana.
In his suit, Mr Mgana maintained he raised the child under the belief that he was his biological father.
However, court records from a 2024 divorce case (Divorce Cause No. 14 of 2024) showed he had previously been ordered to support the child’s education and healthcare using rental income from a joint property.
While Mr Mgana claimed Ms Willa first revealed the child was not his in 2006, leading to the child being sent to live with relatives, the child, testifying as a defence witness, denied receiving educational support from Mr Mgana, noting he attended a free government school.
Judge Mwenda further rejected Mr Mgana's claim for Sh1.5 million in medical expenses, citing a complete lack of supporting receipts or financial proof.
Addressing the rental income, the judge highlighted that the property in question had been split 50-50 in the divorce settlement, and Mr Mgana failed to prove Ms Willa collected the alleged Sh225,000 monthly rent.
Concluding that mental stress alone without concrete proof of loss does not warrant general damages, Judge Mwenda upheld the District Court's ruling.
However, he declined to award legal costs against Mr Mgana, observing that imposing financial penalties would undermine harmony between the former couple as they continue co-parenting their other children.
