Selemani s/o Hoti v. Iddi s/o Omari, (PC) Civ. App. 73-D-67; 30/9/67, Saidi J.

Selemani s/o Hoti v. Iddi s/o Omari, (PC) Civ. App. 73-D-67; 30/9/67, Saidi J.

Plaintiff left 58 cattle in the charge of defendant, for herding. All the calves born were to be the property of plaintiff; all milk was to be taken by the defendant. Only 52 cattle were returned, the other 6 having  been lost. Plaintiff claims for the missing 6 head of cattle.

            Held: There was nothing in the record to show that defendant had fraudulently disposed of the missing cattle; nor was he in any way responsible for their loss. “In the absence of such evidence it would be inequitable to order (defendant) to pay back these 6 cattle when they got lost in the bush without his fault.”