The greater part of the opinions were in favor of the system of reporting alphabetically according to :-;u bjeet case facilitated, as was dolW in the last volume of Reports (Hll 2-17) and therefore this system was observed. Much time and care has been spent in indexing this volume. As far as possible the subject of each e>ase has been carefully indexed and cross-indexed, but it is too much to hope that it will be found faultless.
A study of the index itself should provide a fair understanding of the general principles outlined. It's really a matter of which particular point of view happens to be uppermost in the mind at the time. In addition, an index of cases going to the courts is included, so that in the last instance, from which court the case originated, it may be possible to "traek down" the caC' required.
It was originally intended to give a compendium of the cases decided on particular native customs to date, so that the volume might stand more or less complete in itself as a manual of native law and customs in the territories, but it was eventually decided that a work of this nature should be separate, and not be a pC!rtion of a volume of reports. Wales, for the encouragement he has given us in the work of compiling these Reports.
INDEX OF LT'TIGAN1 1 f4
Xott': The following is the relevant part of the judgment in Jfolisana Vs. In his summons, the respondent sued the appellants for adultery and pregnancy and it was perfectly competent to abandon the whole or any part of his claim before the conclusion of the case. The court of first instance ruled that the appeal should be dismissed with costs relating to the first-named appellant.
Defendant excepted that plaintiff had no right of action, and. The Magistrate held the exception. The facts of the case are sufficiently clear from the judgment of the Native Appeal Court. The facts of the case are sufficiently clear from the judgment of the Native Appeal Court.
Not reported.-The suit came on appeal from th<' Hosident ::\[agistrnte of Nqamakwe, the suit being a claim for £250 for loss of an eyP and other damages. The appeal is allowed with costs and the judgment of the court below is modified to read. NOTE.-The claim in this case was for a red and white cow Yalued at
The facts of the case are sufficiently clear from the judgment of the Native Court of Appeal. He further pleaded that as the parties to this action were Tembus, and his wife was held under the usage of "ukuteleka", which was customary among the Tembus, the Plaintiff had no right to sue for dowry during the period of " Teleka." The facts of the case are sufficiently clear from the judgment of the Native Court of Appeal.
This supports the .Magidra.te's judgment in favor of the defendant, which mw:st is affirmed. The appeal is accordingly accepted at costs, and this is the judgment of the court below. In native law, the person to whom dowry cattle is paid must report all deaths occurring among them before the marriage is consummated to the person paying the dowry, and also produce the skins of the dead animals if he wishes to escape for responsibility for them. .
It appears from the proceedings that the Plaintiff, now a plaintiff, claimed the cattle on the grounds that the Nozililo girl had been handed over to him when a 3-year-old child from Ngantweni, the late father of o.f. N ozililo and her brother Bennett, the judge. 1) "That for the purposes of the appeal, the finding of the trial court that the agreement with which the late 1\ gantweni made on the daughter Nozilile to the plaintiff is unconscionable a. is accepted as correct in law; however, the Appellant claims that the judgment that declares the five execution cattle in the Defendant's suit is illegal in that the facts mentioned below and proved by the evidence gi vo arise in the right of lien or "jus: retainis" "On the part of the Plaintiff in and over the dowry of Nozililo in words;. from early childhood to the date of her marriage- and her maintenance during that pt'riod. b). The appeal is allowed with costs and the judgment of the Court below is modified to read ".
The magistrate found that after luring the girl and paying the fine, the respondent married her and paid four head of cattle as dowry and, having done this, five head of cattle paid as a. fine bccam joined to the dowry, and ordered the return of the wife within a week, failing which, the return of five cattle, or the payment of their value £37.
