Mamtembu to the defendant's wife and is currently in the defendant's possession at the latter's kraal. The appeal is filed for the following reasons:—. l) That the verdict is against the evidence, the weight of the evidence and the probabilities of the case;.
SOUTHERN NATIVE APPEAL COURT
ZUKA
NATIVE CUSTOM-ESTATES
The plaintiff is the eldest son of Prva Koča and the heir according to domestic custom of the deceased Dolopini Zuka, who died without a will on March 16, 1955. The defendants deny paragraphs 2, 4 and 5 of the petition and claim that the plaintiff is not the legitimate son of the deceased Dolopini Zuka and that they, the plaintiffs (sic), are the legitimate sons of the late Dolopina Zuka.
PRACTICE AND PROCEDURE
As to the second defendant's application, the evidence of solicitors Jennings and Dlamini shows that on 5 January 1956 the second defendant paid £1 to the former who subsequently, on instructions from the second defendant, appeared on his behalf. of both suspects to defend the action; Another point requiring comment is the copy of the letter (Exhibit “A”) that Attorney Jennings submitted at the hearing of the motions.
NORTH-EASTERN NATIVE APPEAL COURT
It is true that the second defendant denied in his oral evidence that he had received the letter. I am therefore of the opinion that the appeal of both appellants should be dismissed with costs.
SITHOLE
But it seems to me that this refusal does not remedy the lack of notice to the defendants to produce the original letter, as the rule permitting the admission of secondary evidence of a document depends on the rule.
DEFAMATION
If it is found that the defendant uttered the words, they are not actionable because they were in the nature of a report addressed to the plaintiff's husband, a man in. to have been pronounced, they were spoken on a privileged occasion.
CHIEF MKIZE and 2 OTHERS
On an application to set aside the default judgment, the local Assistant Commissioner found the default to be willful and expressed his opinion that the defendant had not shown that he had the slightest opportunity to act against him. At the beginning of the procedure, it was established that the previous summons had been dismissed and the trial continued. On May 26, 1956, a request was made for annulment of the default judgment given in point 4.
The Assistant Local Commissioner rejected the request for annulment of the decision in absentia with costs and against this decision an appeal was made to this Court on the grounds that "The decision of the Local Commissioner is contrary to the evidence and the weight of the evidence presented by the plaintiff's witnesses".
ZULU LAW AND CUSTOM
The plaintiff carried his father's coat of arms at the funeral, but it must be taken into account that the defendant was absent from work at the time of the funeral. Generally, during the marriage, the head of the bead expresses his will on these points. Laduma, 1900, N.H.C., page 22 shows one variation and the word 'presumably' in the section implies other variations of the normal rule.
In light of the old law, it is incumbent on the plaintiff to show how he came to be appointed as the main heir.”.
SHANDU
From all this it is clear that the plaintiff's contention is based on her declaration of native law that the heifer given to her by her father-in-law to provide milk and progeny became her property. All her income and everything that accrues to her by donation or otherwise belong to the house to which she belongs. There can be no doubt that the plaintiff was not entitled to the judgment awarded to her by the Additional Native Commissioner and the defendant's appeal must succeed.
It is therefore decided that the appeal must be upheld, and it is hereby upheld; the judgment of the Additional Native Commissioner is set aside and in its place substituted "The writ is dismissed with costs".
TSHONELA
NTLANGANO
It follows that in the present case no proper application for condonation of the late service of the appeal has been made before this court and the appeal should accordingly be dismissed with costs.
CENTRAL NATIVE APPEAL COURT
IN ZION
Defendant and all members of said association are natives as defined in Act No. There is no provision in the constitution that membership of the church is limited to persons of a particular race, and evidence has been adduced that there is any limitation of this species. The Church may sue or be sued in the name of the Executive Committee and any document required to be executed shall be signed by the Chairman and Secretary.
Zion shows that the Church has possessions separate from the individual members of the Church, and that these individual members.
NTWAYABOKWENE
STATUTE LAW
Held: That the notice of appeal was incomplete until the defendant's costs had been deposited with the Registry of the Court. Further held (on the grounds of the appeal): That the real rights in the land vest in the first defendant on registration in the register of deeds of the transfer of the land to her, and that the plaintiff's right against her is at most ajus in personam was, i.e. here It is to be mentioned that, prior to the amendment of the particulars of the claim, it was stated therein that the disputed land was plot no.
This evidence shows that it was the intention of the plaintiff as well as of others involved in the transaction that the dominium or jus in re in the land should be transferred to the first defendant.
SOUTHERN NATIVE APPEAL COURT MGOMA V. KULATI and ANO
TEMBU CUSTOM
Alternatively, the first defendant was a prisoner of the second defendant's kraal at the time of the alleged seduction and, accordingly, the second defendant on the premises is liable therefor.”. The Assistant Native Commissioner did not record his decision on these applications, but on the basis that he immediately entered judgment against the first defendant in terms of the defendant's amended plea, coupled with the fact that the application was made to that effect . Proceeding to assess the evidence in the present case, it is clear that the plaintiff himself has no personal knowledge of whether the first defendant was living in the second defendant's kraal or had a separate kraal when he seduced Vuyiswa.
Vuyiswa's evidence shows that she also has no personal knowledge of the first defendant's place of residence when he seduced her.
MAODI
If the married son has stock, it will be seized to pay off the court debt related to damages for an actionable wrong. There is no indication in the record at the start of the proceedings whether the case was conducted under domestic law and custom or under common law, nor is there any indication before the domestic commissioner decided which legal system to use. When the pleadings are deemed to be in dispute as to whether or not the defendant is the father of the child.
Counsel for the appellant has emphasized the fact that nowhere in the course of the proceedings did the Native Commissioner indicate which legal system he was applying and had he done so earlier in the proceedings by stating that he was applying native laws and customs, the inability of the plaintiff can be cured. On request.
SENTRALE NATURELLE APPELHOF
NATURELLEGEBRUIKE
Dit is duidelik dat die Naturellekommissaris geen koste ontsien het om alle aspekte van die getuienis deeglik te oorweeg nie en na ons mening is sy gevolgtrekking korrek. Wat die tweede pleit betref, was dit die plig van die tweede verweerder om die bruidskat in trust te hou vir die meisie om in die huwelik te gee of om dit aan die meisie se vader te oorhandig. Wat die koste van die eerste verweerder betref, is dit 'n afwyking van die gewone reël dat die suksesvolle party sy koste dra.
Die appel word getoon teen die koste van die verband; maar die plaaslike Kommissaris se uitspraak word deur die volgende bewoording vervang; “Vir die eiser met uitgawes teen die verweerder nr.
SERI PE
Deur die bruidskataan die moeder toe te vertrou kon by nie sy aanspreeklikbeid vir die teruggawe daarvan vryspringnie. Maar as daar in ag geneem word datdie eerste verweerder die oorsaak vanal die moeilikbeid is, dat sy volgens baar eie getuienis nogal as kraalboof opgetree bet, en weder- regtelik die bruidskat grotendeels vir baar eie voordeel verbruik bet, dan kan nie gese word nie dat die Natureliekommissaris se uitspraak in verband biermee onreg laat geskied. 15 beeste te betaal, en dat die bedrag van £66 en drie beeste gelyk gestaan bet met 15 beeste.
MAINTENANCE
The appellant was summoned to appear before the Native Commissioners Court on the complaint of the respondent that he must show why his order under section ten of Act No. plaintiff and by ordering the defendant to pay maintenance for such child. It has been laid down that before an order can be made in terms of the Ordinance, the following requirements must be met—see Rex Rantsoane, 1952 (3)S.A. 1) The child for whom maintenance is claimed is under fifteen years of age.
The attention of the Native Commissioner is drawn to the fact that this is a requirement of Ordinance No.
NATIVE CUSTOM
Finally concluded: That the second defendant's failure to plead could be condoned in the circumstances of this case. He argued that in any event the Union Courts can only take judicial notice of the laws and customs of the Union's tribes. Wolpc, counsel for the defence, referred to the definition of "Native" in the Native Administration Act and to Section 11 and argued that the EU courts were not limited to tribal laws and customs in the general application of native law and custom. of the Union of South Africa.
Whatever the father's duty and privilege may be, there is no sufficient evidence in this case to connect the first defendant with the clothes purchased by the plaintiff for the defendant's daughter, nor to support the allegation that this money spent on clothes was part of the dowry.
OFFICERS OF THE NATIVE APPEAL COURTS
AMPTENARE VAN DIE NATURELLE-APPELHOWE,
NOORDOOSTELIKE NATURELLE-APPELHOF
SENTRALE NATURELLE-APPELHOF
SUIDELIKE NATURELLE-APPFLHOF
