The appeal is dismissed and the order of the court a quo declaring the cattle enforceable is affirmed. The first event requires a more draconian assessment of the evidence than the second.
NORTH-EASTERN NATIVE APPEAL COURT
He further indicated that although the defense could not discover any error in the testimony of the plaintiff's wife, this does not necessarily imply that she should be considered a reliable witness. The Assistant Native Commissioner was therefore not satisfied that the adultery had been proved "either in fact or by inference".
NKOSI AND ANOTHER
The Assistant Native Commissioner states in his reasons that the contradictions in the testimony of the plaintiff's wife and that of Mangwanya, which has already been referred to, are so contradictory that it raises serious doubts in his mind as to whether Mangwanya was ever the intermediary and whether her evidence can be said to give the plaintiff's wife's story the necessary corroboration. Also, judgment could be given in the defendant's favor in the light of his unconvincing and even false evidence and the general picture of evasion which, says the assistant native commissioner, he presented in the Courta quo.
ZULU CUSTOM
The appeal to this Court should therefore be allowed, and the judgment of the Native Commissioner should be altered to:—. In his reasons for judgment, the Native Commissioner states that in the absence of evidence that the girl's death was due to childbirth, and in the light of the provisions of section 137 (3) of the Code, the judgment of the Chief was reversed.
SOUTHERN NATIVE APPEAL COURT
PRETORIUS
RENTS ACT - EJECTMENT ORDER
The defendant argued that he was protected by the Tenancy Act and also alleged that the plaintiff had verbally agreed in April 1953 to renew the lease for a further period of three years. This shows that the dominant purpose and user of the properties is agriculture.
NDHLOVU AND ANOTHER
There were four children of the union, of whom the youngest. must be about eight or nine years old. It is further ordered that custody of the four children be awarded to the plaintiff; that the woman remains under the guardianship of Mfanawenduna Zondi; that the guardian Mfanawonduna repay to plaintiff one animal or its value £5.
DHLA.MINI V. NDHLOVU
T. & N.) 125, the court held that although there was insufficient evidence to establish a case of desertion by the wife, the union was unhappy and there were frequent quarrels, and granted a decree of divorce where the husband filed a decree of marriage. action against his wife. In the case now on appeal, there were four children of a union which took place some nineteen years ago, of whom the partners lived together as husband and wife, the value of the woman's lobola in the "marriage market" must be very low, and the plaintiff is admitted that he was more or less responsible for the breakup of the relationship.
LAW OF PROCEDURE
The execution creditor, Moffat Ndhlovu, sued Lind and obtained judgment for the return of seven head of cattle or their value of £116 plus. Precisely with this verdict, the Court's envoy attaches three heads of cattle to the plaintiff, now forming the Interpleader lawsuit.
GCWENSA
He admits that she received cattle for both girls, but she did so on behalf of Klaas, the woman's eldest brother, Lesiah, and there are some. Accordingly, the appeal is ordered to be allowed and is hereby allowed, including costs, and the judgment of the Assistant Native Commissioner is modified as follows:-.
LAW OF DELICT
Theron formally admits that the fence was taken down by his clients and accepts the burden of proof in this regard.” There is no doubt that the land belonged to the plaintiff and there is evidence that the land was allotted to defendant No. 1. It was contended that the only thing agreed and admitted by the parties in respect of the fence was that defendants had knocked it down.
It was requested to show that the fencing materials were collected by the plaintiff, but the evidence presented did not prove this.
MBUYAZI
That this woman, an ukuvusa woman, died in the plaintiff's kraal, the plaintiff's father, Mananga Mbuyazi, leaving No. 1 behind. The woman who died in the plaintiff's father's kraal showed that the woman became an ukuvusa wife of the late Mananga Mbuyazi, the plaintiff's father. The plaintiff states that she was not an ukuvusa woman, but that the defendant married her as his own wife.
The Chief found that the woman was an ukuvusa woman, but still entered judgment in favor of the plaintiff for the reimbursement of eight head of cattle that the defendant allegedly used from the estate of the late Mananga to lobulate the woman.
MTETWA
The defendant states that he has no interest in the animal mentioned in his statement of defense, dated February 19, 1954.” No evidence was presented and the following note appears in the report: “Mr. Schreiber (plaintiff's attorney) demands that the animal be declared as the plaintiff's property and that it is not his fault that he had to bear these costs. Defendant admits that he has no right or further interest in the black and white cow and that it was removed from plaintiff's possession by his Tribal Induna.
The acting Assistant Native Commissioner, in his reasons for judgment, states that when the defendant submitted a further plea to the effect that he had no interest in the animal, this plea of the defendant could correctly be interpreted as a consent to sentence and that he entered. judgment to this effect in favor of plain-.
ESTATE NTOBELA
This finding of the Native Commissioner remained unchallenged till 19th May, 1953, when the application was made by Mr. Thereafter, counsel for the applicant noted an appeal dated 19.3.1954 against the following portions of the decision of the Native Commissioner dated. Condonation is now sought for the late listing of the appeal against the finding of 16.9.46.
As will be observed from the extract of the judgment in the case of ex parte Baraitser (supra) just quoted it even.
CELE
LAW OF THINGS
In the same document, the claim of the defendant is also found, which says that the plaintiff has not fulfilled his part of the contract, since the purchase price of the property has not been paid in full. By clause (2) of the Agreement, the plaintiff undertook to pay to the City of Clermont the balance of. It was argued that a local Commissioner's Court could not issue a warrant for a bailiff for that officer.
To enable the court to rule on part 2 of the notice of appeal, it is necessary to refer to Article 2 of the sales agreement.
PUTUMANI
XOSA CUSTOM
These rights rest with the legal guardian of the mother who has unequivocally denied his rights. This then is the background of the action we are with. now involved, which plaintiff, as heir of the late Putumani brought against defendant and which is an application for a declaration of his rights of guardianship over the girl Nomapoco and a claim to the dowry which, it is common cause, recently by defendant was received for her. In light of the ruling in (1) above, the defendant is clearly not suitable and has no claim whatsoever to the girl Nomapoco or her dowry.
It is equally clear that under (2), these rights are vested in the mother's legal guardian, in this case one Wright Bunge.
MASETl
PPIACTISE AND PROCEDURE
On March 30, 1954, the defendant, who will hereinafter be referred to as the plaintiff, applied to set aside the default judgment, purportedly pursuant to clause (a) of rule 73. The city, on the advice of the aforesaid Joel Nyati, appealed against the judgment. In 1953 the Registrar of the Native Appeal Court informed me that the matter had been referred to the attention of the Native Commissioner, Lady Frere.
Therefore, since sub-rule (1) of Article 74 stipulates that the request for annulment of a default judgment must be filed within one month after the debtor learns of such a judgment, the presiding judge at the court a quo was absolutely correct in deciding the application in question too late.
NOCANDA
By doing so outside the prescribed period and by not requesting the Court's permission to extend the time in the prescribed manner, she was out of court and therefore could not be granted the compensation she sought.
PRACTISE AND PROCEDURE
If Sofi had been the defendant's common-law wife in 1940, but entered into a union with the plaintiff, such a union would have been an illegal one. I am of the view that plaintiff has established his claim that he entered into a customary relationship with Sofi and the onus has shifted to defendant to establish that a customary relationship existed between him and the wife at that time so that the plaintiff's engagement with her was invalid. I am of the view that defendant has failed to establish his allegation that he entered into a customary relationship with Sofi.
Since the defendant has acknowledged that he lives with Sofi, as husband and wife, and the plaintiff has proved that he has entered into a valid common-law partnership with her, he (plaintiff) is entitled to compensation.
CENTRAL NATIVE APPEAL COURT
The appeal should be allowed with costs and the judgment of the Native Commissioner modified into a judgment for the plaintiff as prayed for with costs. It appears that a default judgment was entered in this case by the Registrar of the Court on May 7, 1954. Counsel for this Court both agree that the lawyers for the Native Commissioner's Court had consented to the default judgment being set aside, but failed to do so. ask the presiding officer to make the necessary note on the record.
As this was a claim for damages, the Clerk of the Court should have referred the request for judgment by default to the Court in terms of sub-section (7) of section forty-one of the Rules of the Native Commissioners Courts promulgated under Government Notification No.
NATIVE CUSTOM
It is further held: (Menge, permanent member, dissentiente) that there is an accusation of desertion on the part of the husband. At the start of the process, the Native Commissioner indicated that Native Custom would apply. But in any case it is subject to the overriding discretion of the Court in the best interests of the children.
The Native Commissioner is of the opinion that the father's right to custody is absolute, regardless of the interests of the children.
MAHUMAPELO AND ANOTHER
The first petitioner had acquired a hearse which was one of the assets of the partnership and which was placed in the workshop. The Native Commissioner found that the respondent was an employee of the firm and not a partner; that on this basis the petitioners have a prima facie case and reasonable grounds to apprehend irreparable injury. It does not appear that an action against the respondent merely to account for its management (whatever it may decide) will determine the respective rights of the parties to the partnership and business premises.
For these reasons we are of the opinion that, whatever may have been the intention of the Native Commissioner, the order is final.
MALAKA
ADMINISTR-\TION OF NATIVE ESTATES
We are of the opinion that the Native Commissioner has arrived at a just and proper decision on the facts before him, and that the appellant has no reasonable prospects of success. Germiston, who claimed the house as rightful heir and alleged that the ruling of the Native Commissioner at the inquiry on July 27, 1953 was incorrect. It is this question which now arises, for it appears to us that the decision of the Native Commissioner is in fact a rejection of the plea of res judicata.
Now "administration" has been defined as "the exercise of political powers within the limits of the constitution", (Holland, lurisprudence).
AMPTENARE VAN DIE NATURELLE-APPELHOWE
OFFICERS OF THE NATIVE APPEAL COURTS
NOORDOOSTELI KE NATURELLE-APPELHOF
SENTRALE NATURELLE-APPELHOF
SUIDELIKE NATURELLE-APP£LH0F
