If the case were to go to court again, it should be heard by a different Native Commissioner, given that the person presiding over the trial has already indicated that the defendant has admitted liability for the claim. It appears from the record that neither party was responsible for the dismissal of the appeal against the chief's sentence by the Native Commissioner, and that he thereby acted meru moto.
NORTH-EASTERN BANTU APPEAL COURT
PRACTICE AND PROCEDURE
He further contended that the second defendant had been unjustly enriched at the expense of the plaintiff and sought the return (by the second defendant) of the over-vested livestock or its value. The second defendant admitted that the four cattle were tied up and delivered to him and admitted the subsequent birth of the two calves.
SOUTHERN BANTU APPEAL COURT
In the opinion of this Court, the Commissioner of Bantu Affairs erred in deciding this suit on the ground that the judgment of the Chief's Court was the judgment which the Chief adduced in the evidence he gave. Therefore, the appeal against the judgment in relation to the first defendant is dismissed with costs.
MUNICIPAL NATIVE LOCATIONS
That the Assistant Bantu Affairs Commissioner erred in accepting the testimony of the plaintiff that he was the buyer of the Hut site in question over the Defendant's testimony which is corroborated by documentary evidence. Popo, who appeared on behalf of the appellant, and it is clear that he (plaintiff) was an extremely unreliable witness.
NATIVE CUSTOM
An appeal to this Court in terms of section 3 (5) of the above Government Notification is made on the ground that the decision is against the weight of evidence and probabilities of the case. Kelly in his argument on behalf of the appellant, material inconsistencies in the evidence adduced on behalf of the respondent.
NATIVE LAW AND CUSTOM
Held further: That the inventory card, baptismal records and permits were inadmissible in evidence of the facts stated therein, that is, the appeal is allowed, with costs, and the judgment of the Chief Court is altered to one that the plaintiff claims, with costs, turn down.” .
EVIDENCE
In their plea, the defendants admitted that the first defendant had handed over some of the livestock to the second defendant for safekeeping, but denied that the plaintiff was the deceased's heir. It is also common cause that the plaintiff and his younger brother are the only male issue of the deceased. In his plea, the defendant denied that the plaintiff was the owner of the bull and that he had spoiled it and alleged.
Muggleston, Commissioner of Bantu Affairs gives cogent reasons for admitting evidence for the plaintiff that the second defendant actually had.
MAINTENANCE
This is an application for condonation of the late listing of an appeal from the judgment of a Bantu Commissioner's Court in a certain civil case. He held that the notice of appeal had been duly served on the respondent's counsel and on the Commissioner for Bantu Affairs. The appeal will be allowed and all proceedings in the Bantu Affairs Commissioner's Court following the issuance of the hearing notice N.A.
Apart from the provision in paragraph (/) of rule 33 (7) of the Rules for Bantu Affairs Commissioners' Courts that the summons.
JUDGMENTS
Since the evidence of the defendant's counsel in the supporting affidavit that the Assistant Commissioner for Bantu Affairs granted his application for relief from the instance in the suit was not challenged in the answering affidavit and thus remained undisputed, it is clear, as stated by Mr. The court for the defendant that the judgment in the suit, as written, does not express the intention of the court which issued it. It is true that there is no explanation why the defendant did not act to have the judgment in the first action rectified.
The application is allowed with costs and the following subsection (a) substitutes subsection (a) of the judgment in the original case (Bantu Affairs Commissioners CourtCaseNo.
NATIVE LAW
In time, lobolo was given to the illegitimate daughter and it was appropriated by the younger son who claimed he was entitled to it in place of the lobolo that would have been paid to her mother if she had not died. The kraal heir sued their younger son for delivery of the lobolo and the Bantu affairs commissioner ruled in favor of the latter. Held further: That the illegitimate daughter's lobolo accrues to the heir of her house and not to the junior son to whom her deceased mother was allotted.
The appeal is consequently allowed with costs and the judgment of the Bantu Affairs Commissioner is amended to one of.
ADDENDUM
The learned authors of "Principles of Native Law and the Native Code" at page 89 doubted the correctness of the decision in Ntyingila's case and it appears from the judgment of the Hon'ble Chief Justice of this Court in the case of Madhlala v. Madhlala, 1945 (N. & T.) 40 that this court also felt that this judgment went too far. In the view I take of the matter, Ntyingile's case is not really authority for the proposition that if a girl has an illegitimate daughter at the time of her allotment, it automatically follows from native law that her illegitimate daughter is assigned with her. Each such case would therefore have to be considered on its individual merits, taking into account what the girl's father or guardian said at the time of placement and the circumstances surrounding such placement.
This Court agrees with the correctness of this opinion as it is consistent with the accepted principle of Bantu law and custom that the award of a girl is simply for the purpose of helping a boy tolobolo his wife.
OPINION OF ASSESSORS
In the heir of the late kraal head or in the younger son to whom she was assigned. The cattle are received and accepted by the heir of the house but on behalf of the man to whom. Ernest Zulu: The illegitimate child's lobolo goes to the heir of the house and not to the man to whom the deceased girl was assigned.
Gilbert Mkize: The child is reassigned by the father of the house or by the heir of the house.
CENTRAL BANTU APPEAL COURT
BANTU LAW AND CUSTOM
The defendant is the Chief of the Bahurutsi tribe of Natives (a section of the Tswana tribe) of Zeerust. The plaintiff is an adult male member of the Bahurutsi tribe and a subject of the defendant. Tswana law which was responsible for the payment of the fines imposed was the subsequent execution of the sentences in accordance with indigenous law and custom.
The appeal is allowed with costs and the contested judgment is changed to that of the plaintiff.
ASSESSORS’ OPINIONS
Even if the offense is committed contrary to his instructions, the kraal head must pay the fine imposed on his son. The son would inform the lekgotlat that his father is gone and the uncle would stand up and say "I am here as the kraal head." If the uncle refuses to stand for him. May the fine imposed on an unmarried son be recovered by enforcement against the property of the head of the kraal when he is not in the kraal.
If the kraalhead is not at home, his brother, the unde, is present and is called to the Chief's kraal to see the cattle.
PONDO CUSTOM
It appeared from the evidence that the plaintiff inherited eight cattle from his late father. The Commissioner was also of the opinion that it was not competent for the plaintiff to institute his suit by way of an equitable action, as the defendant was no longer in possession of the cattle when the suit was instituted. The plaintiff's case cannot therefore be held to be tainted by the illegal transaction and the Commissioner was not entitled to hold that the plaintiff was in pari delicto.
The Commissioner was further of the opinion that it was not competent for the plaintiff to institute his suit by way of an equitable action, the defendant being no longer in possession of the cattle when the suit was instituted.
DAMAGES
1 did not appear to defend the case and at the conclusion of the hearing the judgment of the Commissioner of BantuAffairs granted to the Plaintiff as prayed, with costs against both Defendants. 2 was responsible for any of the damages specified in the claim and that the loss of the Plaintiff's eye, his facial injuries, loss of income and general damages were attributed to the action of the defendant no. Since I do not agree with the Commission's further statement, it is clear that the defendant no.
Accordingly, the appeal must be allowed, with costs, and the judgment of the Bantu Affairs Commissioner's Court changed to one of acquittal of the institution, with costs.
SOUTHERN BANTU DIVORCE COURT
The commissioner should not have accepted the witness statements of what the alleged middleman, Nowisile, who was not called to testify, had said in the defendant's kraal and in front of the vice president and the manager, as such statements were hearsay. Again, as is evident from the Commissioner's reasons for judgment, he applied a higher standard of proof than was warranted in deciding the case, viz. the change of judgment from one for the defendants to a decree of acquittal appears to be substantial and not just one. formless as the evidence shows the possibility that the Plaintiff will be able to adduce further evidence in support of the alleged adultery, ie that of the alleged middleman, Nowisile* so that the Appellant may be entitled to the costs of the appeal, see case of Wali (supra), at page 56 and Van der Schyf vs.
HUSBAND AND WIFE
In the result, the appeal must be allowed with costs and the judgment of the Bantu Court amended to read:—. The commissioner found that the plaintiff had full possession and control of the stock and that the fact that the stock was in the deceased's king, where the defendant resided, did not give her either possession or control of it. Because the commissioner ordered a dismissal of the case at the end of the plaintiff's case without the defendant presenting any evidence or closing his case, the test must be applied.
The Commissioner found that the plaintiff had full possession and control of the shares and that the fact that the shares were in the deceased's corral where the defendant lived did not give her any control or possession over them.
BANTU ESTATES
According to paragraph 3. – The defendant has no knowledge of its content, does not admit it and presents the plaintiff as proof of this. According to paragraph 5.-The defendant has no knowledge of its content, does not admit it and presents the plaintiff as proof of this. The defendant submits that the assets of the late Phinley Msomi on his death vested in the defendant, his sole heir under native law and custom applicable to this case.
To paragraph 7.—The defendant is not familiar with the content of this contract, does not recognize it and calls on the plaintiff to provide evidence.
