CIV/A/22/83

IN THE
HIGH COURT OF LESOTHO

In the
Appeal of

PONE
RANTS'O Appellant

v

JANEFEKE
RALEBITSO Respondent

JUDGMENT

Delivered
by the Hon Chief Justice Mr Justice T S Cotran on the 12th day of
June 1984

The
present respondent Ralebitso, who was the plaintiff at the trial
Court, sued the present appellant Pone Rants'O, who was the
defendant
at the trial Court, for 6 heads of cattle as damages for seduction of
the respondent/plaintiff's daughter by the appellant/defendant's
son

The trial
Court (as well as the first Appeal Court) dismissed the claim for
lack of evidence. The Judicial Commissioner disagreed.

There
was, in fact, no evidence except the girl's. The trial Court heard
and saw her, the Judicial Commissioner did not. The latter
based his
decision for disturbing the trial Court's finding on the grounds that
it was incumbent on the defendant's son to deny
that he had sexual
intercourse with the girl complainant on the three or four occasions
she named The learned Judicial Commissioner
thought that since the
boy denied only that he impregnated the girl in general terms out had
not further denied

2

sexual
intercourse on the named occasions, that therefore the girl's story
should have been believed hut, with respect, the learned
Judicial
Commissioner's conclusion does not necessarily follow from the
premises he has posturated

The girl
herself did not make a complaint to her parents of to anyone standing
to her in loco parentis until her brother discovered
she was pregnant
If she had known the boy for two years as she says, and if they had
intercourse with each other three or four
times, I find it amazing
that no one in the village or school had noticed their association
especially when she adds that the boy
had actually told her that he
was going to marry her

Only God
knows if the girl is speaking the truth and I am no god At the trial
Court the respondent/plaintiff and his daughter were
unable to
discharge the burden of proof. That was the end of the matter where,
as here, the case depended entirely on the credibility
of one witness

The
appeal is allowed with costs

CHIEF
JUSTICE

12th June
1984

For
Appellant Mr Matlhare

For
Respondent Mr Mda