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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/....