Defendant's reasons for his absence from court are included in his affidavit in support of his motion to vacate the default judgment. Marsbcrg (Pn:sidcnt), wherein the judgment of the Court is delivered: In the court of the Commissioner at Germiston, plaintiff.
ARBITRATION
The question for the Native Commissioner to decide was not which of the constructions placed by the contending parties was correct, but whether there was an op.mon difference between them as to the meaning of the provision in the lease agreement. They were forced by the terms of the lease to present their differences of opinion, or their "dissensions."
CHRISTIAN MARRIAGES DOWRY
CLALM FOH
As to the meaning of the underlined words ``or some other similar custom,'' the plaintiff argued that the words meant the whole local custom, and gave as examples, luring and abducting. When it was said that the bogadi cattle were paid and the beast was killed, the girl was considered the wife of the young man.
SEDUCTION AND PREGNANCY
1/e/d: The amount of compensation awarded was within the scale applicable to a case of this nature and the court sees no reason to disturb the discretion of the Native Commissioner. Marsberg (President), who delivered the judgment of the Court: In the Native Commi~~ioner's Court at Johannesburg.
KRAALHEAD RESPONSIBILITY
Upon the declaration of this native court, the piaintiff in this case could have no action against the defendant alone, as guardian or kraalhead. The appeal will be accepted with costs and the Native Commissioner's judgment amended to read: Petition dismissed with costs.
NOTICE OF APPLICATION : CUSTODY OF CHILDREN
This appeal is based on the ground that this decision is bad in Jaw, in that the Local Commissioner at Boksburg had jurisdiction to vary the child custody order, for good cause shown. Helman who appeared for the applicant due to the fact that the process issued by the applicant is not in accordance with the rules of the Local Commissioner's Court.
ADMINISTRATION OF ESTATES
In course of time, Booth No. 272 was registered in the name of late Dora Sibiya. After hearing evidence the Native Commissioner found as follows:-. out of the liquid assets of the estate of the late Dora Sibiya to be paid to Norah Bantsheki.
NATIVE CUSTO.MARY UNION OF \VOl\-IAN
Without prejudice to the rights of the parties, however, this must be kept in mind in the further liquidation of the estate. We must allow the appeal in relation to the findings of the Native Commissioner and order that hie; decided which he amended to read:-.
STATUS
The rights; in the children is determined by the deductions made when returning the dowry. The legal relationship of the parties married by Native Custom was considered in the case of Bobotyanc v. Guidance on the issue of the custody of the children may be sought in the case of MacKenzie Mothomebeni v.
COSTS DE BONIS PROPIIS AGAINST ATTORNEY
USTODY OF CHILDREN
The essence of the case between the parties was the custody of a son, 4 years old, born of their marriage. By agreement between the parties at the time of the divorce, custody of the child was left to the father, Stanley. As a result of the trial in absentia, the child was ordered to be and placed in the custody of the mother.
AGHEEMENT: PARTNERSHIP
The purported written partnership agreement was not placed before the Court at any stage and secondary evidence of the terms of the agreement was not admitted. Since the burden of proof in relation to the partnership agreement was on the plaintiff - and the best evidence would have been to produce the purported written agreement - he could not secure a verdict in his favor on the evidence before the court. In making his decision, the Native Commissioner stated in the grounds of judgment that "the case ultimately boiled down to a consideration of documents C and D, which speak for themselves and on the basis of which the Court had no alternative but to find in favor of the defendant for the amount .
GUARDIANS HIP NATIV E CUSTOM
TRIBALLY-OWNED FARM: OWNERSHIP, OCCUPATION OR ACQUISITION
The plaintiff appealed against this decision on the grounds that the proceedings in question did not relate to the ownership, occupation or acquisition of land by a native tribe and therefore the prohibition under section four of the Act was inapplicable. Mabies Kraal i-; native planned area within the provisions of the Native Land Act Schedule, No. In the absence of definition of the words used, they should be given their ordinary meaning.
RES JUDICATA
In the present case, we are of the opinion that the Native Commissioner erred in upholding the objection. In the first proceedings we saw that the claimant demanded payment of the monies owed to him. In fact, the plaintiff's two actions are the same: payment of the money owed to him under the summons.
MAINTENANCE : ORDINANCE NO
According to this form, the notice of appeal is not in accordance with the rulings of the courts. It was admitted that the same parties were involved and that the same point was at issue, but the claimant submitted that the second claim did not seek the same claim as the first and that the case was therefore not res judicata. In both cases, the plaintiff is trying to obtain money that is due to him, the money that must be paid under the writ of execution.
After the parties had been heard, the Native Commissioner ordered the defendant to contribute £4 per month towards the support of the plaintiff. The Native Commissioner ordered him to pay his wife £4 a month maintenance which in our opinion is not an excessive amount. We agree with the Native Commissioner that defendant cannot invoke Native Custom to relieve him of the responsibility of supporting his wife and child in the environment in which he has chosen to live on the Reef.
DEFAULT JUDGM ENT: RESCISS ION
Marsberg (President), delivering the judgment of the Court: - In the Native Commissioner's Court at Johannesburg, plaintiff, Michael Mncube. The explanation given in the affidavits in support of the application for rescission is completely irrelevant to the pleadings before the Court. The defendant and his attorney were aware of the case being set for trial, and they informed the court that they were abandoning the defense.
NATIVE CUSTOMARY UNION: PROPERTY RIGHTS AND RIGHTS OF SUCCESSION
It is true that the Home Commissioner, by his certificate, authorized her to take possession of the estate in her own name, but she did not acquire any legal or valid right to dispose of the property. The Court is aware that representatives of many tribes live in the farms and urban areas of the Free State. In these circumstances, we do not think it necessary to go into the facts of the case.
CHURCH DISPUTE
He knew what the attitude of the Synod was after the meeting of the Synod. The Bloemfontein Congregation of the Reformed Bantu Church was represented at the Synod by Letsela, Nkoale and I think Siiio. The Council elected on the basis of the Court Order was not represented in the Synod.
DOGS : ATTACK BY: DAMAGES
The appeal is allowed with costs and the judgment on claim (a) or (I) is amended to read: For the plaintiff (dress damages) to pay the sum of UO. The grounds of appeal are as follows:-. a) That the stated findings are contrary to the evidence and the weight of the evidence presented in the investigation in question. We believe that the Home Commissioner fairly dealt with the rc-;pcctive claims of the parties.
GUARDIANSHIP : REMOVAL OF CHILDREN: SPOLIATORY ACTION
During the trial it was sought on behalf of the defendant to show that one Thomas Mokwena was the father of the children. In addition, plaintiff gave evidence of long-term association and intimacy with Mita and claimed that he was the father of the two children. We note that the Native Commissioner was disturbed by this aspect of the case and rightly so.
URBAN LOCATIONS ARBITRATION
Whatever expenses may have been incurred as a result of their transactions with Paul Sotetsie are at this stage purely personal expenses. The latter rights may be retained by any plaintiff or defendant against Paul Sotetsie alone, but as there is no relationship between the plaintiff and the defendant, neither has a right of action against the other. Both parties may have a cause of action against Paul Sotetsie, but they do not have one between them.
PURCHASE AND SALE : MOTOR CAR
In the premises, the full amount of the purchase price of the satd car should have been paid to the complainant by 31 March. 27. 10s. and what amount the defendant set off against the purchase price of the motor vehicle. He admitted that the purchase price of the car was £400, but due to a number of debits set out in the plea, no balance was owed by him.
DURING SUBSISTENCE IRRECOVERABLE
The Commissioner granted a discharge of the case on a number of counts when evidence was called by plamttfi on'y as to the credibility of the car was re:u:heJ. We have an opinion about the tenor of the plea; It has been a misunderstanding that the native comedian made a mistake by granting abso:utinn from the first moment. The judgment of the N.tt've (ommt~~toncr i~ c;el act;tde and the case is remanded for further Jtspo-.tl.
THEREOF
At the end of the trial, after both parties had presented their evidence, the Native Commissioner found "that there was no credible evidence of a genuine agreement of credit between the plaintiff and the defendant. The evidence clearly reveals that the plaintiff, a man married according to the rites of Christian, entered into negotiations with the defendant to marry the latter's daughter, and during the existence of the legal marriage paid the defendant a sum of £50 as lobola in anticipation of a marriage to take place after he had obtained a divorce from his wife.we fully agree with the appreciation of the evidence by the Native Commissioner.
UNLA\VFUL ARREST: DAMAGES
Most of these objections were overruled on the grounds that they might provide information about the likelihood that the defendant would act in the manner complained of in this case. Admittedly, the bulk of the evidence in this case must be excluded by reason of repudiation. According to the admissible evidence in this case, the sole purpose of the arrest of the persons involved was to secure the payment of water charges.
MARRIED WOMAN EJECTMENT
On the face of the summons, the cause of action is clearly based on tort or wrong. This statement of law will be important in the final decision of this case. At the end of the case, it was by no means clear that Solomon and Lena were in fact married.
MUNICIPAL LOCATION POLICE ASSAULT
Here is, in the first place, an important discrepancy regarding the supposed date of the attack. The local commissioner accepted the defendant's version of the story and we consider he was justified in doing so. It is therefore clear that at the time of the alleged assault, both the plaintiff and the defendant knew that Makholoane had no right to be on the stand.
