Maake v Tabane (9/97) [2000] ZANWHC 3 (3 February 2000)

Maake v Tabane (9/97) [2000] ZANWHC 3 (3 February 2000)

The court found that the plaintiff was seduced by the defendant under a promise of marriage, resulting in the loss of her virginity and subsequent injury to her reputation and prospects. The defendant's denial of the plaintiff's virginity was unfounded, and his conduct in repudiating the promise to marry was unjustified. The trial magistrate's award of damages was excessive and not properly exercised; the appellate court reduced the damages to R6,000 for seduction and R4,000 for breach of promise, considering the plaintiff's social standing, the extent of her emotional injury, comparable awards, and the devaluation of money. The plaintiff was substantially successful and entitled to...

Citation
[2000] ZANWHC 3
Parties
Appellant: Morris Maake; Respondent: Mosele Florence Tabane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 February 2000
Case Number
9/97
Procedural Posture
Civil Appeal / Appeal From Magistrates' Court Judgment on Damages
Outcome
Appeal on the merits dismissed. Damages reduced. Plaintiff awarded costs.
Judges
Nkabinde, Khumalo
Legal Topics
Seduction, Breach of Promise to Marry, Quantum of Damages, Reputation Injury
Family and Children Delict Seduction Breach of Promise to Marry Quantum of Damages Reputation Injury

Case Brief

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Parties

Morris Maake

Appellant

Mosele Florence Tabane

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates' Court Judgment on Damages

Legal Issues

  1. 1 Whether the defendant seduced the plaintiff under a promise of marriage.
  2. 2 Whether the plaintiff lost her virginity as a result of the defendant's conduct.
  3. 3 Whether the defendant repudiated an agreement to marry the plaintiff.

Ratio Decidendi

The court found that the plaintiff was seduced by the defendant under a promise of marriage, resulting in the loss of her virginity and subsequent injury to her reputation and prospects. The defendant's denial of the plaintiff's virginity was unfounded, and his conduct in repudiating the promise to marry was unjustified. The trial magistrate's award of damages was excessive and not properly exercised; the appellate court reduced the damages to R6,000 for seduction and R4,000 for breach of promise, considering the plaintiff's social standing, the extent of her emotional injury, comparable awards, and the devaluation of money. The plaintiff was substantially successful and entitled to...

Court Disposition

Appeal on the merits dismissed. Damages reduced. Plaintiff awarded costs.

Orders

  • The appeal on the merits is dismissed.
  • The plaintiff is awarded damages in the sum of R6,000 in respect of the seduction claim and R4,000 in respect of the claim for breach of promise.