[Using the Legal Age of Majority Act, the
decision says that the father has lost his right under customary law to sue for
damages for seduction of his daughter who is a Major. First time the Legal Age
of Majority Act was used to overrule customary law.]
Reportable (53) Judgment
No. S.C. 87/84
Civil
Appeal No. 99/84
John Katskwe v. Mhondoro Muchamaiwa
Supreme Court of Zimbawe
Dumbutshena, CG, Gubbay, JA & Waddington,
JA,
Harare, August, 1 & September 7, 1984
D.A.B. Robinson for the appellant
S.J.R. Chihambakwe, for the respondent
Dumbutshena,
CJ: In this appeal there is only one ground of appeal which
reads:
“Take Notice that the above-named Appellant
hereby notes an appeal against the judgment delivered by the Community Court
for the Province of Midlands held at Chivhu on the 5th January, 1984, in the
case No. 224 of 1983 between the above-named Respondent as Plaintiff and the
Appellant as Defendant on the ground, raised in limine, that the Presiding Officer erred in law holding that
notwithstanding the fact that the Respondent's daughter, Molly (born 31st
March, 1963) was a major at the time when it is admitted by Molly that she
first had sexual intercourse with the Appellant, being the 15th day of May,
1983, the Respondent has locus standi
and is entitled to claim damages for the seduction of his said daughter, Molly.
In the premises the Appellant prays that the
judgment of the Community Court for the Province of Midlands held at Chivhu in
the case No. 224 of 1983 be set aside, with costs, and that the Appellant's
objection that the respondent has no locus
standi to claim damages for the seduction of his said daughter, Molly, be
upheld.
It appears from the record that no evidence was
led before the Community Court. If evidence was led there is no record of such
evidence. However, it is apparent from the Notice of Appeal that the appellant,
then defendant, raised a point in limine
that the respondent, then plaintiff, had no locus
standi and was not entitled to claim damages for the seduction of his
daughter who had by then attained the age of 18 years. In fact the daughter was
born on the 31 March, 1963.