Harracksingh v Lalla
| Jurisdiction | Trinidad & Tobago |
| Judge | Phillips, J. |
| Judgment Date | 09 July 1965 |
| Neutral Citation | TT 1965 CA 83 |
| Docket Number | No. 286 of 1965 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Date | 09 July 1965 |
Court of Appeal
Wooding, C.J.; McShine, J.A.; Phillips, J.A.
No. 286 of 1965
Mr. Karl Hudson-Phillips for the appellant.
The respondent appeared in person.
Family law - Paternity — Whether evidence of prosecutrix corroborated. Appellant was adjudge the putative father of the respondent's child. Appealed. Court is satisfied that there was sufficient corroboration of the respondent's in a material particular provided by the appellant himself. In these circumstances the appeal is accordingly dismissed. No order as to costs.
We think there is no merit whatever in this appeal. The evidence given on both sides clearly disclosed that these young people were on friendly terms for a considerable period of time. With regard to the case on behalf of the complainant it was that she was delivered of a child on 24th July, 1963. She gave evidence of acts of sexual intercourse with the appellant from which the birth child may have resulted. She called on her behalf her father supported her merely with regard to the opportunities provided to the respondent of having intercourse with her. However that may be, the appellant himself gave evidence, and he said, after having at first denied having intercourse at all, that he had intercourse with the respondent on one occasion, just about three months before the period that conception of the child would normally have taken place. However, he went on to say that after that time he continued to be on friendly terms with the girl. In those circumstances we are satisfied that there was sufficient corroboration of the respondent's of the respondent's evidence in a material particular provided by the appellant himself, and in this connection we would refer to Cole v. Manning, reported in (1877) 2 Q.B.D. p. 611. It appears that the facts in this case are much stronger than the facts in Cole v. Manning. See also Simpson v. Collinson [1964] 1 All E.R. 262. In these circumstances the appeal is accordingly dismissed. There will be no order as to costs.
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