Page 5 Insofar as the appeal on the merits of the matter is concerned, the issue was one of credibility. The Learned Chief Justice made the following comment concerning the Plaintiff. 'Her evidence was, however, given in a matter-of-fact way, devoid of emotion, and rather impressive for an 18 year old.' The Learned Chief Justice goes on to say that the Defendant struck him as 'a man without the slightest scruple'. He (the Chief Justice) goes on to find that the Defendant was capable of inventing evidence and it is clear from his analysis of the Defendant's testimony that he found him to be unworthy of credence, whilst on the other hand he was "completely convinced that what she (Plaintiff) told him about the Defendant was substantially true". The Chief Justice found that the Plaintiff was entitled to damages for the assault to which she deposed. He held that this was not a major assault and he awarded her M100 under this head. On the issue of damages for the seduction, the Learned Chief Justice had the following to say : 'Damages for seduction is a more difficult matter. If she had a father, or a person who stands to her in loco parentis, in a rural or even an urban atmosphere or society, he would have been able to claim and succeed in getting from the guilty party 6 heads of cattle or the present equivalent of M200 per head making a total of M1200 (laws of Lerotholi Part II s.6 and see Duncan Sotho Laws and Customs page 107). But from that source she has no one to claim and most probably her breach with custom is now complete or nearly so. Should this Court adopt this measure of damages? I think not : In Basotho society the parents do not, on their daughter's seduction, lose her or the wealth she might bring. She remains for all intents and purposes part and parcel of their household and if she gives birth to a child that child is theirs and bringsit up accordingly. Her seduction is often converted into a fully fledged marriage. Were this not to happen 6/....

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