V v A 1984 (2) ZLR 139 (S)

Flynote

Family law — parent and child — paternity of child in issue — evidence — danger of relying on complainant's evidence without corroboration — necessary to look at totality of circumstances and individually established facts — sum of collective force of such facts may D amount to corroboration.

Headnote

In cases where paternity of a child is in issue, corroboration is not required as a matter of law, although as a matter of practice the court should always warn itself of the inherent danger in acting upon the testimony of the complainant without corroboration. Incidents which, taken singly, are equally consistent with the stories of both parties cannot afford corroboration, either alone or taken cumulatively; but in all such cases the exercise of caution should not be allowed to displace the exercise of common sense.

The proper approach is to look at the totality of the surrounding circumstances and independently established facts. If it appears that a number of these facts and circumstances point, albeit without overwhelming individual force, in one direction, then the sum of their collective force may be said, in a proper case, to amount to corroboration sufficient to show a balance of probability in that direction.