Gilead v Tonge

• Jurisdiction: Antigua and Barbuda
• Judge: Lewis, J.
• Judgment Date: 10 May 1960
• Neutral Citation: AG 1961 CA 3
• Docket Number: Appeal No. 9 of 1960
• Court: Court of Appeal (Antigua and Barbuda)
• Date: 10 May 1960

Supreme Court of the Windward and Leeward Islands.. Court of Appeal

Lewis, J.

Appeal No. 9 of 1960

Gilead

and

Tonge

Appearances:

J. R. HENRY for appellant

E. E. HARNEY for respondent.

Family law - Paternity — Evidence — Magistrates'; Code of Procedure Act, Cap. 62, s.134.

Facts: The issue was whether the evidence was sufficient to support the respondent's allegation that the appellant was the father of her child. The only evidence supporting the respondent's claim that the appellant had sex with her was that of M.E. who testified that he saw them standing on the road talking?

Held: Under the Act the respondent's allegation would have to be corroborated in some material fact if the appellant was to be proven to be the father of the respondent's child. The testimony of M.E. did not amount to corroboration. Appeal dismissed.

Lewis, J.

1 This is an appeal by the appellant against an order of the Additional Magistrate of District “B” date October 7, 1959 by which the appellant was adjudged to be the putative father of a child of the respondent and ordered to pay the sum of $1.00 weekly for the maintenance of such child. By the paid order the magistrate directed the appellant to pay the sum of 72c. cost. The respondent's evidence is that she became friendly with the appellant in September, 1958 and that she had sexual relations with him in the months of September and October, 1958 “in the bush at Manassah Crump's ground” and as a result she became pregnant in October of that year and was delivered of a child on July 12, 1959 of whom she says the appellant is the father. She says that she told the appellant is the father. She says that she told the appellant of her pregnancy and he did not speak to her. It was suggested and he did not speak to her. It was suggested to the respondent in cross-examination that she had had sexual intercourse with one James Mack had told the appellant the James Mack was the father of her child. James Mack did not give evidence at the hearing of the complaint.

2 The respondent called Manassah Crump to corroborate her story and his evidence is that on Thursday morning October 18, 1958 between 6 and 7 a.m. he had sent the respondent to his home with milk. At 9 a.m. that same morning he had met herself and the appellant on the gravel road on his ground and he spoke to them. This witness further alleges that he had seen the parties there “several time before during September and October”. In cross-examination, Manassah Crump said that he did not know if the respondent was friendly with James Mack and he had never heard Mack say that the child in question was his. He admitted that other persons used the gravel road to his ground and he again emphasised that he had seen the appellant and the respondent between 7 and 9 a.m. near his ground in the months of September and October. He is alleged to have said in cross-examination that when he saw the...