Phafa v Machine (CIV/A/ 24 of 79) [1980] LSHC 26 (15 April 1980)

Phafa v Machine (CIV/A/ 24 of 79) [1980] LSHC 26 (15 April 1980)

The trial court's findings that the delay in reporting was understandable and that the gestation period did not displace the balance of probabilities were justified on the evidence; appellate courts should not disturb such findings.

Citation
[1980] LSHC 26
Parties
Appellant: Tebele Phafa; Respondent: Hlopheho Machine
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 April 1980
Case Number
CIV/A/ 24 of 79
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with costs
Legal Topics
Paternity, Damages for Impregnation, Assessment of Evidence
Source Language
English
Family Law Tort Law Paternity Damages for Impregnation Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Tebele Phafa

Appellant

Hlopheho Machine

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether delay in reporting pregnancy affects entitlement to damages
  2. 2 Whether evidence on gestation period creates reasonable doubt as to paternity

Ratio Decidendi

The trial court's findings that the delay in reporting was understandable and that the gestation period did not displace the balance of probabilities were justified on the evidence; appellate courts should not disturb such findings.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent