An order to the defendant to give the plaintiff a full, fair and accurate account of his management and financial affairs in the said business from April. In rejecting the Native Commissioner's proposal, this Court points out that the order must be made on the Clerk of the Court.
SOUTHERN NATIVE APPEAL COURT
And it is further ordered that if defendant fails or neglects or refuses to comply with the order, the clerk of the court shall sign all documents on behalf of the defendant in accordance with the order of the Court," and paragraph 12 (c) of my Reasons for judgment, dated 8th November, 1954, I had further opportunity to consider the propriety of such an order, and came. concluded that this alternative order should not have been made. Newalls "The Law and Practice of Deeds Registration" where the following statement of law appears:—.
PRACTISE AND PROCEDURE
The fourth and final ground of appeal was that the local Assistant Commissioner had erred in allowing the evidence of an additional witness for the plaintiff to be led at the close of the defendant's case. But if that's not enough, the Appellate Division's decision in Oosthuizen v.
NORTH-EASTERN NATIVE APPEAL COURT
It is therefore quite clear that the appellants (defendants) have no prospect of success in their proposed appeal and as there is merit, as I have already pointed out, in the condonation application itself, it must be rejected with costs.
ZULU CUSTOM
Law of a prospective groom in that he paid lobolo to the man who was head of the kraal of the prospective bride and her father, after being assured by him that he was the person being negotiated with. The Chief Commissioner rejected the plea of the accused that he was married to the mother of the girls and convicted the complainant as sought.
PONDO CUSTOM
Malejimane remained at the defendant's kraal and lived with Mtunzana Mcutu, by whom she had three children, and he paid fines to the defendant for the first two. She also says that when she left the kraal, two of the children were dead, she took one with her and left the other, which she picked up later, so that two of the children died at the defendant's kraal. When the case came before the Native Commissioner's Court on appeal, the parties did not file statements of claim and defense as provided for in section 12 of the Rules for Chief's and Headmen's Civil Courts as promulgated in Government Notification no.
The appeal must be dismissed with costs but the judgment of the Native Commissioner must be struck out and the following substituted:—. Malinge Hlupeko, namely Zalani and Kwelitile, and to property rights in respect of the said two children.".
PRACTICE AND PROCEDURE
The plaintiff submitted evidence of the purchase of the heifer and payment of the purchase price. The defendant's attorney then moved for a judgment of acquittal on the grounds that the plaintiff failed to prove that the deaths of the two cattle were caused by the defendant's negligence. Against this judgment the plaintiff appealed on the following grounds:—. 1) That the verdict is against the weight of the evidence and the probability of the case.
In his reasons for his judgment under the heading 'facts proven proven', the Homeland Commissioner states that the defendant failed or failed to transfer the animal to the immersion tank within a reasonable period of time, so that the plaintiff could receive the delivery and that defendant in mora. Johnson Ndamase said he took good care of the animal and did everything he could to preserve it.
COMMON LAW
That due to the claims in paragraph 3 of this law the plaintiff suffered and suffered damages in Admit paragraph 4 of the summons except that the words complained of are false, unlawful, false or malicious and are defamatory. Dismiss paragraph 8 of the summons and remand the plaintiff and deny that the plaintiff is entitled as a matter of law to any damages whatsoever."
That portion of said judgment dismissing plaintiff's claim for damages for assault and unlawful imprisonment. That the judgment in all circumstances regarding the said compensation claims is contrary to the weight of the evidence.
CENTRAL NATIVE APPEAL COURT
But to come within the defense of privileged occasion the communication must be material (see de Waal's case, supra, at page 122), and it cannot be doubted that it was so, for the reason of the existence of the investigation that was the report made by the defendants. On the question of costs in connection with the claim for clothing, it must have been clear to the plaintiff that it was taken from him for the purpose of creating an agreement upon which the girl's father could base his action of seduction and that it would naturally have been held, not by the defendants, but by her father's representative pending his return and/or prosecution of the action. That others at the inquest knew this to be the position was confirmed by one of the plaintiff's own witnesses, who stated that he knew the garment had passed to Wani, the girl's grandfather, and was not the defendant's possession.
It cannot therefore be said that the plaintiff was misled by the defendant's silence on the point of proceeding with the specific claim.
NATIVE CUSTOM
In the event the Court refused to take the point without notice, it asked for an amendment to the notice of appeal to include the exception. On the 28th May 1954, judgment was given for the plaintiff in default with costs in terms of prayer (1) of the summons by the Native Commissioner. In the event that this Court does not grant the application mero motu, he applied for an additional ground, among the foregoing, to be included in his notice of appeal.
The effect of the decision in Yako's case, read in light of the entire judgment, is that a native's ability to enforce his (or her) rights in a court of law will be determined as if he (or she) would be a European. The explanation and effect of the proviso to paragraph (3) can be found on page 402 of the judgment in the Yako case.
TEMBU CUSTOM
Because the provisions of rule 14 were not complied with, the Court adjourned the hearing to Mr. Now, both of the cases cited by the Additional Assistant Native Commissioner contain between them all the elements present in the present case. On 3 December 1954 a request for a written judgment (this can only refer to the order of 2 December) was made and granted on the 6th of the same month.
It is now inconceivable that the Deputy Herald, when demanding payment "under judgment," would not inform them what that judgment was. 1954, was therefore out of time and as no application was made for extension of time. That it cannot be irrefutably concluded from the written statements filed that the appellant was in possession of the disputed share prior to the alleged plundering by the respondent.
This judgment is again shown in the appropriate place on the front cover but with the words "against Defdt.
CENTRAL NATIVE DIVORCE COURT
That he would be seriously embarrassed in his defense is obvious; for his responsibility does not arise from the violation itself, but from his responsibility as kraal head for the relevant delictual debt for an inmate in his kraal. In the present case, the appellant is brought when the tortfeasor's liability has already been determined by the Court, and the debt for which he, the appellant, can be held liable, has already been established and it is isolated. The basis on which he could have based any defense is thus cut from him, and he is therefore clearly prejudiced to that extent.
It is noted that although it is documented that all proceedings were instituted in the Court of the Home Commissioner, the presiding officer signed his various orders and judgments and even the certificate of registration as 'Magistrate', and only once remembered or realized that he was president of the court. a court of Native Commissioner. 38 of 1927, which abolishes the jurisdiction of magistrates to hear native cases in areas where courts of Native Commissioner exist, and it is only the fact that all trials were clearly conducted by the Court of Native Commissioner, which saves the proceedings from defamation.
JUDICIAL SEPARATION
The claimant's Mr Helman applied from the outset for an amendment to the summons to substitute an application for legal separation for that of an order for restitution. Now it seems to me that the decision between the parties as between the verdict - against the order there was no desertion on which a final decision could be based. That is clearly a judgment between the parties; and since this is so, I do not see how the plaintiff can now claim a decree of legal separation on the ground that she was abandoned by the plaintiff in 1950.
683 (O) there was an alternative prayer for judicial separation and on the return day of the restitution order, when it was clear that the defense would be an offer to restore conjugal rights, counsel argued that at that stage he was still seeking judicial separation . In the course of his argument, counsel for the defendant asked for the dismissal of the application with costs on an attorney and client basis on the grounds that the proceedings are burdensome.
VERSLAE
VAN DIE
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APPELHOWE
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DIE STAATSDRUKKER PRETORIA THE GOVERNMENT PRINTEB
