Malolela s/o Ngwimbe v. Chisco d/o Chimali, (LC) Civ. App. 18-D-66, 16/9/67, Saidi J.

Malolela s/o Ngwimbe v. Chisco d/o Chimali, (LC) Civ. App. 18-D-66, 16/9/67, Saidi J.

Plaintiff’s father left him a number of cattle in the custody of plaintiff’s aunt, the plaintiff being then too young to care for them himself. Plaintiff alleged that fifty cattle were left that these had since multiplied to seventy, and claimed.

Seventy cattle from his aunt. The woman admitted receiving twenty cattle, but claimed that she had paid nineteen of them as bride for plaintiff’s wife. She did not claim any compensation for her services. The High Court accepted her defence.

            Held: “There is only one beast left in her hands, which I think should be given to her as a reward for having looked after the animals for … many years and for having administered the estate of the [plaintiff’s] father in a very straightforward manner.” No specific reference was made to customary law provisions or tribal practices involved.