Madole Mbichi v. Makongoro Nyamwaji, (PC) Civ. App. 82-D-67, 10/10/67, Saudi J.

Madole Mbichi v. Makongoro Nyamwaji, (PC) Civ. App. 82-D-67, 10/10/67, Saudi J.

Defendant had been awarded seven cattle and three goats in a prior suit against a third party for the balance of a bride price. Before payment, he was informed that the third party had hidden. Some cattle and eight goats. Plaintiff sued him for taking the animals without justification, and it was shown that in fact the third party had not hidden any of his animals on the plaintiff’s land.

            Held: The defendant had “no power under the law to execute the decree by himself. Even if the news he had received were correct, the only thing he could do was to move the court for an order of attachment or injunction.”