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true her marriage prospects are diminished, and it is
even more true that if a suitor does in due course
emerge, that he or his parents, would insist, or try to,
on paying less 'bohali' than the normal one of 20 heads.
Nevertheless, the girl and her child (or children) are at
least assured, for the duration of her parents life time
perhaps beyond, of a great measure of sympathy and support.
The Plaintiff in the case before me has none of these
advantages. I think I have to, in the assessment of
damages for seduction, bear this in mind. It would be
inequitable not to. Under this head I think I am justified
in awarding her the full equivalent in money terms of what
her parents, if she had any, would have benefited (that is
20 heads at M200 viz M4000.'
The above brief summary forms the basis upon which the order
against which the appeal is directed, was made. Defendant appeared
before us in person. Regrettably, his argument was of little assistance
to us. In fact much of the time was taken up with attempts on his
part to give evidence or to make completely unsupported allegations of
prejudice against the presiding judge and officials of the court.
It accordingly is necessary for us to examine the evidence
and the findings of the Chief Justice with reference to the grounds of
appeal set out in the notice. A reconsideration of the evidence
convinces me that no reasonable grounds exist why we should conclude
differently from the court a quo on the critical issue of the credibility
of the two. principal actors. There is certainly considerable ground for
finding that Defendant was a lying witness and that he deliberately
fabricated evidence in order to impugn the character of the Plaintiff.
The deliberate fabrication of this evidence must, as indeed it did, have
weighed heavily against him in determining whether or not the Plaintiff
had discharged the onus which rested upon her.
7/....