Report of All the Important Cases Heard in the Native Territories Appeal ...
Report of All the Important Cases Heard in the Native Territories Appeal ...
Transkei (South Africa). Native Appeal Court, Walter Ernest Warner
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The Plaintiff claimed certain property as being her " Ubulu- nga" cattle and also other property. During her evidence Plaintiff stated that she been given an " ubulunga" beast but that her husband had disposed of it and had thereupon replaced it with one of his. She also stated that she was the right hand wife but that as she had no children her husband had married another woman and had placed her a child bearer to her (the Plaintiff). Though there was no " Qadi" to the Great House, the Magistr...ate doubted both these statements and dismissed the claim, and against this judgment the Plaintiff appealed to the Appeal Court, Butterworth. The judgment of that Court was as follows : " The question having been put to headmen Veldtman he states that circumstances may arise in the family which will lead the husband and father to set aside one of his own cattle fur one as an " ubulunga" beast by a particular house and that this animal and its increase then becomes the property of that house. Also that it is in accordance with Native custom to place a wife in a house as a seed bearer to the wife of that house without giving the woman so placed the rank of 'Qadi.'" The Court, holding the above facts to be proved, allowed the appeal.
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